Terms and Conditions

Last Updated: March 12, 2025

1. INTRODUCTION

These Terms and Conditions (the “Terms”) are an agreement between you and Threshold Daily™, its affiliated entities, successors and assigns (“Threshold Daily™”, collectively) and govern your access to and use of the Threshold Daily™ websites that link to these Terms (each a “Site” and collectively the “Sites”), the services provided through the Sites, and your purchase of products through the Sites. Threshold Daily™ maintains the Sites for your information and personal use, to educate consumers, and communicate about its products.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. BY CHECKING A BOX ON A SITE INDICATING YOUR ACCEPTANCE OF THESE TERMS, BY PURCHASING A PRODUCT THROUGH A SITE, OR BY OTHERWISE ACCESSING OR USING A SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THE SITES.

SECTION 3 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to modify, add, or remove portions of these Terms at any time and each such change shall be effective immediately upon posting. The date these Terms were last updated is noted under the “Terms & Conditions” heading above. Please check these Terms periodically for changes. We will make reasonable efforts to notify you of any material changes to these Terms via a service notification or an email to the email address you provide to us. Your continued use of a Site following the posting of changes to these Terms will mean you accept those changes.

3. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

Mandatory Arbitration of Disputes. You and Threshold Daily™ agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

Class Action and Jury Trial Waiver. You and Threshold Daily™ agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Threshold Daily™ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.

4. LICENSE GRANT

Subject to the Terms, Threshold Daily™ grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Sites solely for your information and personal use. You shall not use the Sites for any illegal purpose or in any manner inconsistent with these Terms.

5. RESTRICTIONS

Except as expressly permitted in these Terms, you shall not copy, modify, adapt, reverse engineer, disassemble, decompile, or create derivative works from the Sites or any portion thereof. You shall not rent, lease, lend, sell, redistribute, or sublicense the Sites. You shall not use the Sites in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

6. INTELLECTUAL PROPERTY

The Sites and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto (the “Intellectual Property”), are the exclusive property of Threshold Daily™ and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Sites.

7. PRIVACY POLICY

Threshold Daily™ respects your privacy and has established a Privacy Policy to explain to users how their information is collected and used. Your privacy is very important to us. By using the Sites, you consent to the terms of our Privacy Policy and to Threshold Daily™’s processing of Personal Information for the purposes given in the Privacy Policy.

8. DISCLAIMERS

THE SITES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND THRESHOLD DAILY™ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THRESHOLD DAILY™ MAKES NO WARRANTY THAT THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL THRESHOLD DAILY™ OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITES, EVEN IF THRESHOLD DAILY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Threshold Daily™ and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Sites or your breach of these Terms.

11. SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions.

12. TERMINATION

These Terms are effective until terminated by you or Threshold Daily™. You may terminate these Terms at any time by discontinuing use of the Sites. Threshold Daily™ may terminate these Terms at any time without notice, and accordingly deny you access to the Sites, if in Threshold Daily™’s sole discretion you fail to comply with any term or provision of these Terms.

13. ASSIGNMENT

Threshold Daily™ may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations you have under these Terms without prior written consent of Threshold Daily™.

14. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Threshold Daily™ regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

15. GOVERNING LAW

These Terms shall be interpreted and governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware for the resolution of any dispute relating to your use of the Sites or these Terms.

16. EQUITABLE RELIEF

You acknowledge that any breach of the restrictions set forth in these Terms would cause Threshold Daily™ irreparable injury for which monetary damages would not be an adequate remedy and Threshold Daily™ shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a showing of actual damages.

17. FORCE MAJEURE

Threshold Daily™ shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond the reasonable control of Threshold Daily™.

18. CONTACT INFORMATION

For information and assistance related to all Threshold Daily™ products and Sites, you can Email Us at:
sarah@thresholddaily.com

Please include any information that will help us identify your account so we can assist you.

19. PRODUCT INFORMATION

The information on the Sites is provided for informational purposes only. The information is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice. We encourage you to make your own health care decisions based upon your research and in partnership with a qualified health care professional.

20. ORDERING TERMS

By placing an order through the Sites, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. All information provided by you is true and accurate. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred.

21. SHIPPING AND DELIVERY

We will arrange for shipment of purchased products to you. Title and risk of loss for products pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

22. RETURNS AND REFUNDS

Our return and refund policy is posted separately on the Sites and is incorporated herein by reference. Please review our return and refund policy posted on the Sites prior to making any purchases.

23. THRESHOLD DAILY™ SMS

This SMS program is designed to send out order confirmation, shipping information, order verification, address verification, payment reminder and login information to users’ profile account.

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. Message frequency varies.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at: sarah@thresholddaily.com

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply.

24. PRIVACY POLICY

The Threshold Daily™ Privacy Policy sets out how Threshold Daily™ uses and protects any information that you give Threshold Daily™ when you use our Sites and is incorporated into these Terms as if fully set forth herein.

25. AUTHORIZED RESALE POLICY

Threshold Daily™ hereby adopts this Resale Policy (this “Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases Threshold Daily™’s products (the “Products”) for resale or other distribution agree to comply with this Policy.

Threshold Daily™ reserves the right to refuse to sell Products to any Reseller or to terminate any Reseller’s right to purchase Products for resale at any time and for any reason. This Policy may be updated from time to time in Threshold Daily™’s sole discretion.