Terms of service

TERMS OF USE

Last Updated: January 29, 2026

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY AND FULLY BEFORE USING OUR WEBSITE. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO HONEY STINGER, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF COLORADO LAW.

IMPORTANT NOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS OF USE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION; WAIVER OF CLASS ACTIONS” SECTION BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK HERE TO READ THE “ARBITRATION; WAIVER OF CLASS ACTIONS” SECTION OF THIS AGREEMENT FOR FURTHER DETAILS.

Introduction

These terms of use together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and EN-R-G Foods, LLC, a Delaware limited liability company, d/b/a “Honey Stinger” (referred to as referred to as “Honey Stinger,” the “Company,” “us,” “we,” or “our” as the context may require). These Terms of Use govern your access to and use of Honey Stinger’s website (our “Website”), including any content, functionality, and services offered on or through our Website, whether as a guest or a registered user. Our Website is operated by Honey Stinger.

Conditional Limited License to Use Website

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use our Website on devices you own or have a legal right to use in accordance with these Terms of Use conditioned upon your continued acceptance of, and compliance with, these Terms of Use.

Acceptance of These Terms of Use

By using our Website, you accept and agree to be bound and abide by: (i) these Terms of Use; (ii) our Privacy Policy (“Privacy Policy”); (iii) our Terms and Conditions for Online Consumer Sales of Products (“Terms of Sale for Consumers”); (iv) our Terms and Conditions for Online Sales of Products to Authorized Resellers (our “Terms of Sale for Resellers”, together with our Terms Sales for Consumers, our “Terms of Sale” (as applicable), (v) our Privacy Policy for California Residents (our “CA Privacy Policy”) (as applicable); (vi) our Subscription Service Policy (our “Subscription Policy”) (as applicable), all of which are incorporated herein by reference as a material part hereof. If you do not want to agree to these Terms of Use, our Privacy Policy, our Terms of Sale (as applicable), CA Privacy Policy (as applicable), and our Subscription Policy (as applicable), you must not access or use our Website.

Our Website is offered and available to users who have reached the age of majority in the jurisdiction in which they reside (which, in most states, is 18 years old) or who have reached the age of 16 and have the permission of a legal guardian (e.g., a parent) to use our Website. By using our Website, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside or are over 16 years of age and have the permission of a legal guardian to use our Website. In addition, and as further set forth in our Terms of Sale, you may not purchase any products from our Website unless you are 18 years of age or older.

Changes to These Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. 

Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. We strongly encourage you to review this page each time you access our Website, so that you are aware of any changes, as they are binding on you.

Accessing our Website and Account Security

We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to our Website; and
• Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

To access our Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is accurate, correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website, or portions of it, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The content of our Website includes, without limitation: (i) the Company's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Company Marks”); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork; and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through our Website (the items identified in Subsections (i), (ii) and (iii) shall be collectively referred to herein as “Company Content”). Company Content is the property of the Company, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Company Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Company (or the owner of such content if the Company is not the owner). Any use of the Company Marks without Company's express written consent is strictly prohibited.

In addition, you may not alter, delete, obscure or conceal any copyright or other notices appearing in the Company Content, including any such notices appearing on any Company Content you are permitted to download, transmit, display, print, or reproduce from our Website.

For the avoidance of doubt, if you print, copy, modify, download, or otherwise use or provide any other person with access to any Company Content or part of our Website in breach of these Terms of Use, then your right to use our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any Company Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (defined below) set out in these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• To select or use the login credentials of another person with the intent to impersonate that person;
• To use login credentials in which another person has rights without such person’s authorization;
• To use login credentials that we, in our sole discretion, deem offensive;
• To access any part of our Website, Company Content, data or information you do not have permission or authorization to access or for which Honey Stinger has revoked your access;
• To use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Company Content, data or information from our Website, or otherwise use, access, or collect the Company Content, data or information from our Website using automated means;
• To use the Company Content for the development of any software program, model, algorithm, or generative artificial intelligence (“AI”) system tool, including, but not limited to, training or using the Company Content in connection with the development or operation of a machine learning or AI system (including any use of the Company Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation);
• To use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to our Website in any way, including overriding any security feature, bypassing or circumventing any access controls or use limits of our Website, or failing to abide by exclusionary protocols such as the Robots Exclusion Protocol or the Automated Content Access protocol;
• To cache or archive the Company Content (except for a public search engine’s use of spiders for creating search indices solely for the inclusion of links and short, non-AI synthesized snippets of the Company Content in search results);
• To take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• To do anything that could disable, damage or change the functioning or appearance of our Website, including the presentation of advertising;
• To perform text and data mining activities under Art. 4 of the EU Directive on Copyright in the Digital Single Market; and/or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website, or which, as determined by us, may harm the Company or users of our Website, or expose them to liability.

Additionally, you agree not to:

• Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Website, including their ability to engage in real time activities through our Website;
• Use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website;
• Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of our Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website;
• Attack our Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
• Otherwise attempt to interfere with the proper working of our Website.

Engaging in a prohibited use of our Website may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you and those assisting you.

User Contributions

We may, in our sole discretion, allow users to post, submit, publish, display, or transmit to other users or other persons ((hereinafter, collectively, “post”) content or materials (collectively, “User Contributions”) on or through our Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
• All of your User Contributions do, and will, comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you post or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any user(s) of our Website or the public, or could, in the Company’s opinion, create liability for the Company;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website; and/or
• Terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. To the fullest extent permissible under applicable law, YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Give the impression that they emanate from, or are endorsed by, us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on, or through, our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website may include content provided by third parties, including materials provided or posted by other users, bloggers, and third party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to our Website

We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Website

All information we collect on our Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy and applicable law.

Online Purchases and Other Terms and Conditions

The products displayed on our Website may be available on our Website for purchase, and may also be available in select third party retail locations. The products and prices displayed on our Website are subject to change at any time with or without notice. All purchases for sale of our products through our Website, or resulting from visits made by you, are governed by the applicable portions of our Terms of Sale, which are hereby incorporated into these Terms of Use.

In connection with placing an order, you may be asked by the Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide the Company or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

Additional terms and conditions may also apply to specific portions, products, services, or features of our Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to our Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Website may provide certain social media features that enable you to:

• Link from your own or certain third party websites to certain content on our Website;
• Send emails or other communications with certain content, or links to certain content, on our Website; and/or
• Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you;
• Cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• Link to any part of our Website other than the homepage; or
• Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.

The third party website from which you are linking, or on which you make certain content accessible, must comply, in all respects, with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice and in our sole discretion.

Links from our Website

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of our Website is based in the State of Colorado, in the United States. We make no claims that our Website, or any of its content, is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for any and all compliance with any applicable local and foreign laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT Permissible undeR applicable LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND, TO THE FULLEST EXTENT Permissible Under applicable LAW, ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT Permissible Under applicable LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND related to OUR WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

AS SET FORTH BELOW, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT Permissible Under applicable LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. AS SET FORTH BELOW, THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Exclusions Permitted by Law

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THE PREVIOUS SECTIONS entitled “WARRANTIES DISCLAIMED” AND “LIMITATION OF LIABILITY” WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

To the fullest extent permissible under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, attorneys, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, but not limited to, reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of our Website, including, but not limited to, your User Contributions, any use of our Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Website.

Governing Law and Jurisdiction

All matters relating to our Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by, and construed in accordance with, the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

Subject to the Section entitled “Arbitration; Waiver of Class Actions” below, any action to enforce these Terms of Use must be brought in (i) the federal courts of the United States located in the State of Colorado; or (ii) the state courts of the State of Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration; Waiver of Class Actions

You and Honey Stinger agree that, except for (i) claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms of Use, our Privacy Policy or our Terms of Sale, your relationship to Honey Stinger as a customer, or your use of any of Honey Stinger’s products or services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this arbitration agreement (this “Arbitration Agreement”), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.  INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

WAIVER OF CLASS ACTIONS YOU AND HONEY STINGER AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Subsection entitled “Waiver of Class Actions” does not prevent you or us from participating in a class-wide settlement of claims. Notwithstanding the foregoing, an arbitrator may consolidate more than one person's claims if Honey Stinger provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

Conduct of Arbitration; Governing Rules; Informal Resolution

Arbitrations for any disputes between you and Honey Stinger relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision—including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision—are for the court to decide. As stated in the Section above entitled “Governing Law and Jurisdiction”, Colorado law applies to any arbitration under this Section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written notice shall be provided on an individualized basis. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least sixty (60) days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Honey Stinger, write to customerservice@honeystinger.com using the subject line “ARBITRATION NOTICE” or EN-R-G Foods, LLC d/b/a “Honey Stinger”, Attn: Legal Department, PO Box 771162, Steamboat Springs, CO 80477 USA. If you are a Honey Stinger (including, The Hive) account holder or subscriber, any demand filed by you initiating arbitration must include the email address you used to log onto Honey Stinger (including, The Hive), as well as any profile associated with that account that is controlled by you.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Unless you and Honey Stinger agree otherwise in writing, any hearings for the arbitration will take place (i) in a location to be determined in accordance with the AAA Rules that is reasonably convenient for you and is no more than one hundred (100) miles from your home or place of business; or (ii) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Denver in the State of Colorado. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. 

Mass Arbitrations

To increase the efficiency of administration and resolution of arbitrations, in the event twenty-five (25) or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against Honey Stinger (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of ten (10) demands per batch (to the extent there are fewer than ten (10) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Honey Stinger so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of ten (10) is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Honey Stinger and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including ten (10) demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or Honey Stinger may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted. You agree to cooperate in good faith with Honey Stinger and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless Honey Stinger otherwise consents in writing, Honey Stinger does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection entitled “Mass Arbitrations”. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled. The parties agree that this batching provision is integral to this Section insofar as it applies to a Mass Filing. If the batching provision in this Subsection entitled “Mass Arbitrations” or the engagement of a mediator in the subsection below entitled “Mediation Following First Batch in a Mass Filing” is found to be invalid, unenforceable or illegal, by a court or other tribunal of competent jurisdiction then the entirety of this Section shall be null and void, and neither you nor Honey Stinger shall be entitled to arbitrate any claim that is a part of the Mass Filing.

Mediation Following First Batch in a Mass Filing

The results of the first batch of demands will be given to a AAA mediator selected from a group of five (5) mediators initially proposed by AAA, with Honey Stinger and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Honey Stinger, the remaining claimants and their counsel, and the mediator will have ninety (90) days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Honey Stinger or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within sixty (60) days of the close of the Mediation Period. If neither Honey Stinger nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

Opt-out

You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to customerservice@honeystinger.com using the subject line “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of (a) January 29, 2026; or (b) your first use of the Website, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under any prior arbitration agreement between you and Honey Stinger will not apply to claims not yet filed regardless of when those claims may have accrued. If you opt out of the Arbitration Agreement, Honey Stinger also will not be bound by it.

For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Denver in the State of Colorado.

All provisions of this Section will survive termination of these Terms of Use, our Privacy Policy and our Terms of Sale, your relationship with us, and/or your account or profile.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Copyright Takedown Notifications

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access to them) from our Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include all of the following:

• Identification of the work or material being infringed, or, if the claim involves multiple works on our Website, a representative list of such works;
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that the Company is capable of finding and verifying its existence;
• Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and email address;
• A statement that the Notifying Party has a good-faith belief that the material is not authorized by the copyright owner, its agent or law;
• A statement that the information in the written notice is accurate;
• A statement by the Notifying Party, made under penalty of perjury, that the above information in the DMCA Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• Your physical or electronic signature.

DMCA Notices should be directed to our designated copyright agent:

By email, using the subject line “DMCA NOTICE”:

 

EN-R-G Foods, LLC d/b/a “Honey Stinger”

Attn: Copyright Agent

Email: customerservice@honeystinger.com

Toll-Free Telephone: (866) 464-6639

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including, but not limited to, costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on our Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include all of the following:

• Your physical or electronic signature;
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
• A statement by you, made under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Website may be found) and that you will accept service from the person (or an agent of that person) who provided our Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on our Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including, but not limited to, costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

Text Messaging Services

Some of the services provided by Honey Stinger (the “Services”) offer text messaging (SMS or MMS) services. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. You may exit the text messaging services by sending the word “STOP” to the specific mobile code associated with the Services. Participants in need of assistance must send the keyword “HELP” to the specific mobile short code associated with the Services.

MESSAGE AND DATA RATES MAY APPLY. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times. Not all handsets may be supported.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT HONEY STINGER USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR GOODS OR SERVICES.

Participants who opt-in by text messaging will be automatically subscribed to receive periodical text message updates from Honey Stinger.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions (collectively, “Promotions”) made available through our Website may be governed by specific rules that are separate from or supplement these Terms of Use. By participating in any Promotions, you will become subject to those rules, which may vary from the terms and conditions set forth herein. If you participate in any Promotions, we urge you to read the applicable rules carefully and fully, which are linked from the particular activity, and to review our Privacy Policy carefully and fully which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Duty to Report Violations

You agree to report any violations of these Terms of Use to Honey Stinger as soon as you become aware of them.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable, preserving the intent of the parties to these Terms of Use as closely as possible. If such modification is not possible, the offending provision shall be severed from these Terms of Use, and the remaining provisions shall continue in full force and effect. You and we agree that any court or arbitrator may "blue pencil" any provision found to be unenforceable, modifying it to the minimum extent necessary to make it enforceable.

No Agency or Employment Relationship

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Honey Stinger, and you do not have any authority of any kind to bind Honey Stinger in any respect whatsoever.

No Third-Party Beneficiaries

You and Honey Stinger agree there are no third-party beneficiaries intended under these Terms of Use.

Titles and Headings

Titles and headings of sections of these Terms of Use are for convenience only and shall not affect the construction of any provision of these Terms of Use.

Entire Agreement

These Terms of Use, our Privacy Policy and our Terms of Sale constitute the sole and entire agreement between you and the Company regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website.

Your Comments and Concerns

You may contact us with any questions, comments or concerns relating to our Website by mail at the following address: EN-R-G Foods, LLC d/b/a “Honey Stinger”, PO Box 771162, Steamboat Springs, CO 80477 USA. All feedback, comments, requests for technical support, and other communications relating to our Website should be directed via email to  customerservice@honeystinger.com.