Terms of Use

AS A U.S. CUSTOMER, WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND STONED APE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT (EXCEPT FOR SOME LIMITED EXCEPTIONS MENTIONED IN SECTION 17 “DISPUTE RESOLUTION” BELOW). PLEASE REVIEW SECTION 17 CAREFULLY FOR MORE DETAILS.

YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, OR ANY OTHER SUPPLEMENTS. YOU UNDERSTAND THAT THE INFORMATION AVAILABLE THROUGH THE SERVICES IS NOT MEDICAL ADVICE OR DIAGNOSIS AND THE PRODUCTS ARE NOT INTENDED TO TREAT, CURE OR PREVENT ANY DISEASE. YOU ALSO UNDERSTAND THAT SUCH INFORMATION IS BROAD IN NATURE AND SCOPE, AND IT MAY NOT BE APPROPRIATE OR RELEVANT TO YOUR PERSONAL SITUATION. THE CLAIMS MADE ABOUT SPECIFIC PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL IF YOU HAVE QUESTIONS ABOUT A MEDICAL CONDITION OR ANY SYMPTOMS YOU EXPERIENCE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SERVICES.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t, do not use the Services.
2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you should stop using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services? You must be 18 years or older and legally capable of forming a binding contract to use our Services.
5. Feedback. We appreciate feedback, comments, reviews, ideas, proposals and suggestions for improvements to the Products and Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us. We are not obligated to sell the Products to you and may choose not to accept orders at our sole discretion. After having received and accepted your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Stoned Ape, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order by contacting us at support@stonedape.xyz before we have sent your order confirmation e-mail.
7. Payment Terms. You can buy Products as a one-off purchase and pay a one-time payment when placing your order (“One-Time Payment”), or sign up for a recurring subscription (“Subscription”) for the Products of your choice.
1. Transaction and Payment Information. By making a One-Time Payment or purchasing a Subscription (each, a “Transaction”), you agree to the pricing, payment and billing policies posted to the Site or otherwise communicated to you, and you authorize us (or our third-party payment processor) to charge the method of payment you provide for such Transaction. You understand that we may need additional information to process your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses (such information, “Payment Information”). All payments for Transactions are non-refundable and non-transferable, except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. You confirm that the Payment Information you supply to us is true, correct and complete and that you are duly authorized to use the method of payment designated by you for the purchase.
2. Subscription Specific Terms.
1. Recurring Payment. If you purchase a Subscription, you will be charged the recurring fee for the Subscription, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period indicated on your subscription thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE STONED APE OR OUR THIRD-PARTY PAYMENT PROCESSOR TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS USING THE PAYMENT INFORMATION YOU HAVE PROVIDED, UNTIL YOU CANCEL YOUR SUBSCRIPTION.
2. Cancellation. You may cancel your Subscription at any time by emailing us at support@stonedape.xyz, but understand that such cancellation will only be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
3. Auto-renewal. By agreeing to these Terms and electing to purchase a Subscription, you understand that your Subscription will automatically renew at the end of each subscription period, and you accept to be responsible for all related obligations until you cancel your Subscription. No less than fourteen (14) days before your Subscription period ends, or otherwise in accordance with applicable law, Stoned Ape will send you a reminder with the then-current Subscription Fee.
8. Shipment; delivery, risk of loss. We will arrange for shipment of the Products you ordered to you. Please check the individual Product page for specific delivery options. All shipping and handling charges will be payable as part of your One-Time Payment or of the Subscription Fee. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed and we are not responsible for any delays in shipments.
9. Returns and Refunds.
1. Please inspect your products carefully upon arrival to ensure that they are not defective or have not been damaged during shipment. Claims for damaged products must be made within 72 hours of receiving the product by emailing us at support@stonedape.xyz and providing details regarding the damage.
2. If you are not satisfied with the Products you ordered, you may request a refund. We will accept a return of the Products for a refund of your full purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such Products are returned in their original condition. To return Products, you must email us at support@stonedape.xyz to obtain a return authorization and return label before shipping your Products. No returns of any type will be accepted without the proper return authorization. You are responsible for all shipping charges on returned items and bear the risk of loss during shipment.
3. Returns should be shipped to 615 S. Gladiola St. Salt Lake City, Utah. 84104 (Attn: Stoned Ape).
4. Refunds will be processed within approximately fourteen (14) business days of our receipt of your Products, provided they are in their original condition upon receipt by us. Your refund will be credited back to the same method of payment used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
10. Export Restrictions (export/resale). You, as a direct consumer of the Products, confirm that you are buying Products from the Site for your own personal or household use only, and not for resale or export. You further confirm that all purchases are intended for final delivery to locations within the US.
11. General Prohibitions and Stoned Ape’s Enforcement Rights. You agree not to do any of the following:
1. Post or make available any User Content that: (i) infringes, misappropriates or violates a third party’s intellectual property rights or rights of publicity or privacy (including anyone’s name, image or likeness); (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
2. remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services;
3. Use the Services or any individual element within the Services, Stoned Ape’s name, any Stoned Ape trademark or other proprietary information without Stoned Ape’s express written consent;
4. Access, tamper with, or use non-public areas of the Services, Stoned Ape’s computer systems, or the technical delivery systems of Stoned Ape’s providers;
5. Attempt to probe, scan or test the vulnerability of any Stoned Ape system or network or breach any security, authentication or technological measures implemented by or on behalf of Stoned Ape to protect the Services;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
7. Use the Services, or any portion thereof, for any commercial purpose or in any manner not permitted by these Terms;
8. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Encourage or enable any other individual to do any of the foregoing. Stoned Ape is not obligated to monitor access to or use of the Services or to review or edit any content but we might do so to ensure compliance with these Terms, applicable law or other legal requirements. We may also (i) remove or disable access to any content, including User Content, at any time and without notice, (ii) investigate violations of these Terms or any conduct that affects the Services and (iii) cooperate with law enforcement authorities to prosecute users who violate the law.
12. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@stonedape.xyz. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 7(b)(only for payments due and owing to Stoned Ape prior to the termination), ), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19.
14. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. While we attempt to be as accurate as possible, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services and we do not guarantee that you or any other user of the Products or Services will obtain any particular or tangible result through the use of any of the Products.
15. Limitation of Liability.
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STONED APE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STONED APE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STONED APE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO STONED APE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STONED APE, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STONED APE AND YOU.
16. Intellectual Property Ownership. Between you and Stoned Ape, the technology underlying the Site and all content available through the Services including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code (“Stoned Ape Content”) is the exclusive property of Stoned Ape, whether or not it is protected by copyright or any other intellectual property or proprietary rights. Without limiting the foregoing, all trademarks, service marks, logos, slogans and trade names (collectively “Trademarks”) depicted on the Site are the exclusive property of Stoned Ape. Your use of the Services does not provide you with any rights in or to the Stoned Ape Content and Trademarks and Stoned Ape retains all rights thereto.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Stoned Ape are not required to arbitrate will be the state and federal courts located in the County of Los Angeles, and you and Stoned Ape each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution.
1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Stoned Ape agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Stoned Ape are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
2. Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
4. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
6. Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
7. Class Action Waiver. YOU AND STONED APE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
8. Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. General Terms.
1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Stoned Ape and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Stoned Ape and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Stoned Ape’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Stoned Ape may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
2. Notices. Any notices or other communications provided by Stoned Ape under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
3. Waiver of Rights. Stoned Ape’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stoned Ape. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information. If you have any questions about these Terms or the Services, please contact us at support@stonedape.xyz. Postal Address: 7190 W Sunset Blvd #97D, Los Angeles, CA 90046