Terms of service

4Q FUEL™

TERMS OF SERVICE

Last updated: May 12, 2026

Overview

These Terms of Service govern your use of the websites, online stores, and services operated by 4Q Performance Foods, LLC ("4Q Fuel," "we," "us," or "our"), under the 4Q FUEL™ brand. 4Q Fuel sells performance energy bars made with three ingredients (rice crisps, honey, and salt) designed for use before and during athletic activity. We ship to addresses within the United States only.

Our store and website, together with all related information, content, features, tools, products, and services, are referred to collectively in these Terms as the "Services." The Services are powered by Shopify, which provides the underlying ecommerce platform.

These Terms of Service, together with any policies referenced in them (these "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully because they include important information about your legal rights, including warranty disclaimers, a limitation of liability, a binding arbitration clause, and a class action waiver.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use or access our Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least eighteen (18) years old and have full capacity to enter into a binding contract. If you are not, you may not use the Services. You are responsible for any use of the Services on devices you own or control, including by members of your household.

You may be asked to provide information such as your name, email address, billing address, payment details, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide it.

You are solely responsible for safeguarding 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. Notify us promptly at info@4qfuel.com if you believe your account has been compromised.

2. Our Products

4Q Fuel sells food products intended for use before and during athletic activity. We make reasonable efforts to depict our products accurately in our online store. However, the appearance of products, including color, packaging, and scale, may differ from how they appear on your screen due to your device, display settings, lighting, and other factors. We do not warrant that the appearance of any product will exactly match the depiction in our online store.

Product descriptions, ingredients, nutrition information, packaging, and availability are subject to change. The most current product information, including ingredients and allergen disclosures, is set out on the product page and on the package label. You should always read the label before consuming the product.

We reserve the right to discontinue any product, limit quantities, or restrict sales by person or geographic region at our discretion.

3. Product Information, Allergens, and Athletic Use

4Q Fuel bars are a food product, not a dietary supplement, drug, medical device, or treatment for any condition. We do not represent that our bars diagnose, treat, cure, or prevent any disease or medical condition. Statements about athletic performance, energy, or fueling describe the general nutritional function of carbohydrates in physical activity. They are not medical claims. Individual results vary.

4Q Fuel bars contain honey. Do not give 4Q Fuel bars to infants under twelve (12) months of age. The U.S. Centers for Disease Control and Prevention advise that children under twelve (12) months should not consume honey because of the risk of infant botulism.

Consumers with allergies, sensitivities, medical conditions, or who are pregnant or nursing should review the ingredient and allergen information on the product page, on our Product Information and Allergen Disclosure page [LINK], and on the package label before consuming, and should consult a qualified healthcare professional with any questions. If you have a severe allergy or sensitivity, please contact us at info@4qfuel.com before purchasing.

Athletic activity carries inherent risk. You assume all risk arising from your athletic activity, and you are responsible for assessing whether 4Q Fuel is appropriate for your level of activity, hydration needs, and health status. Consult a qualified healthcare or sports nutrition professional before making significant changes to your nutrition or training plan.

4. Orders

When you place an order, you are making an offer to purchase. Your order is not accepted until we confirm acceptance, and we may accept or decline any order at our discretion. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, because we may be unable to accommodate cancellation or change requests after acceptance. If we decline, change, or cancel an order, we will attempt to contact you using the email, billing address, or phone number provided at checkout. If we cancel an order for which payment has already been processed, we will refund the full amount within a reasonable time and in any event within thirty (30) days.

Returns and refunds are governed by our Refund and Returns Policy [LINK]. Because our products are food items, all sales are final except for damaged, defective, or incorrect orders. Please read the Refund and Returns Policy carefully before purchasing.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale.

5. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include applicable sales taxes or shipping, which will be added at checkout.

Prices in our online store may differ from prices offered through other channels. From time to time, we may run promotions governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern with respect to that promotion.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges you incur will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including any shipping, handling, and applicable taxes.

6. Subscription and Auto Renewal Terms

We may offer a subscription service (which may be marketed as "Subscribe and Save" or similar) under which you can elect to receive 4Q Fuel products on a recurring basis (a "Subscription"). This Section applies if you sign up for a Subscription.

6.1 Auto Renewal

By enrolling in a Subscription, you agree that your Subscription will automatically renew at the frequency you select (for example, every 30 days, every 60 days, or as otherwise stated at checkout), and that your payment method on file will be automatically charged the then current price of the Subscription, plus applicable taxes and shipping, at the start of each renewal period, until you cancel.

The recurring price, billing frequency, shipping address, and product selection for your Subscription will be disclosed at checkout before you enroll. You authorize us, or our payment processor, to charge your payment method on file for each renewal.

6.2 How to Cancel

You may cancel your Subscription at any time, for any reason, and without penalty. To cancel, log in to your account and use the Subscription management page, or email info@4qfuel.com from the email address associated with your account with the subject line "Cancel Subscription." We will confirm your cancellation by email.

To avoid being charged for the next shipment, you must cancel at least two (2) business days before your next scheduled renewal date. Cancellations submitted after that cutoff will take effect for the following billing cycle.

6.3 Price Changes

We may change the price of your Subscription from time to time. We will provide notice of any price increase by email to the address associated with your account at least thirty (30) days before the new price takes effect. If you do not agree to the new price, you may cancel your Subscription before it takes effect.

6.4 Promotional Subscription Offers

If you enroll under a promotional offer (for example, a discounted first shipment or a free gift), the promotional terms will be disclosed at checkout. After the promotional period, your Subscription will renew at the standard recurring price disclosed at checkout, unless you cancel before the promotional period ends.

6.5 Failed Payments

If we are unable to charge your payment method on file, we may attempt to charge the payment method again, pause your Subscription, or cancel your Subscription. You are responsible for keeping your payment information current.

6.6 California Residents

This Section, together with the disclosures we provide at checkout and any post enrollment acknowledgment we send by email, is intended to comply with California's Automatic Renewal Law, Cal. Bus. & Prof. Code Sec. 17600 and following. If you are a California resident, you may cancel your Subscription online at any time, without contacting customer service, by logging in to your account and using the Subscription management page.

7. Shipping and Delivery

All shipping details, including processing times, available shipping methods, costs, storage, and handling, are governed by our Shipping Policy [LINK], which is incorporated into these Terms by reference.

All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, weather, or other events outside our reasonable control. Once we tender products to the carrier, title and risk of loss pass to you.

Because 4Q Fuel bars contain honey, they are sensitive to extreme temperatures during transit. We package and ship bars in a manner intended to protect them under normal conditions, but we cannot guarantee product condition during periods of extreme heat or humidity. Please review our Shipping Policy for details and recommendations.

It is your responsibility to provide an accurate and complete shipping address. We are not liable for packages that are lost, delayed, or returned because of an incorrect or incomplete address provided by you. Re-delivery and re-shipment fees, where applicable, are your responsibility.

8. Intellectual Property

The Services, including all trademarks, brands, text, graphics, images, photographs, video, audio, product reviews, and the selection, arrangement, and design of the foregoing, are owned by 4Q Fuel, its affiliates, or its licensors, and are protected by U.S. intellectual property laws.

These Terms grant you a limited, non transferable, non sublicensable, revocable license to access and use the Services for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download (except as expressly permitted by the Services), store, or transmit any material on the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property of 4Q Fuel, Shopify, or any third party. All rights not expressly granted are reserved.

The names "4Q Fuel," "4Q FUEL," "4Q Performance Foods, LLC," and "Real Food. Real Fast.," together with our logos, product names, designs, packaging, and slogans, are trademarks of 4Q Fuel or its affiliates or licensors. You must not use these trademarks without our prior written permission. Shopify's names, logos, designs, and slogans are trademarks of Shopify. Nothing in these Terms grants you any license to Shopify's trademarks. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

9. Copyright Complaints (DMCA Notice)

We respect the intellectual property of others. If you believe that material on the Services infringes your copyright, please send a written notice to our designated agent that includes:

• Your physical or electronic signature.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the material you claim is infringing, with information reasonably sufficient to permit us to locate it.
• Your contact information, including address, telephone number, and email.
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Send notices to: 4Q Performance Foods, LLC, attn: Copyright Agent, 1151 Estrella Drive, Santa Barbara, CA 93110, or info@4qfuel.com. We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

10. Third Party Links and Content

The Services may contain links or references to websites, applications, or content provided by third parties (including embedded third party functionality). We do not control or endorse third party content and are not responsible for its accuracy, legality, or availability. If you choose to access third party content or sites, you do so at your own risk and subject to the third party's terms.

We are not liable for any harm, damage, or loss arising out of your access to, or use of, third party content or sites, or any products or services you obtain from third parties. Complaints, claims, or questions about third party offerings should be directed to the third party.

11. Relationship with Shopify

4Q Fuel is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with 4Q Fuel. You acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and 4Q Fuel, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with 4Q Fuel.

12. Privacy

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Some personal information may also be subject to Shopify's Privacy Policy [LINK]. By using the Services, you acknowledge that you have read these policies.

If you are a California resident, you have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the right to know, delete, correct, and limit the use of certain personal information, and the right to opt out of the sale or sharing of your personal information. See our Privacy Policy for details on how to exercise these rights.

13. Electronic Communications and Notices

By using the Services, you consent to receive electronic communications from us, including order confirmations, receipts, Subscription notices, legal notices, and other transactional messages, at the email address or phone number you provide. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to receive non transactional marketing communications at any time by following the unsubscribe instructions in any marketing message.

Notices to us should be sent to info@4qfuel.com or to the address in Section 32. Notices to you will be sent to the email address on file with your account or used at checkout.

14. Feedback, Reviews, and User Content

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, proposals, reviews, photos, or other content (collectively, "User Content"), you grant us a perpetual, worldwide, irrevocable, sublicensable, royalty free license to use, reproduce, modify, adapt, publish, distribute, and display the User Content in any medium and for any purpose, including commercial purposes.

You represent and warrant that: (i) you own or have all rights necessary to provide the User Content and to grant the rights above; (ii) you have disclosed any material connection or compensation related to your User Content as required by applicable law, including the U.S. Federal Trade Commission's Endorsement Guides; and (iii) your User Content complies with these Terms and all applicable laws.

We have no obligation to maintain User Content in confidence, to pay you for User Content, or to respond to it. We may, but are not required to, monitor, edit, or remove User Content we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

You must not submit User Content that: violates the rights of any third party (including copyright, trademark, privacy, or publicity rights); is libelous, defamatory, obscene, harassing, or abusive; contains malware or any code that could damage the Services; uses a false email address or impersonates another person; or fails to disclose a material connection. You are solely responsible for your User Content.

15. Errors, Inaccuracies, and Omissions

Occasionally the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. 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. If we cancel an order that you have already paid for, we will refund the amount charged within a reasonable time and in any event within thirty (30) days.

16. Prohibited Uses

You may access and use the Services only for lawful purposes. You agree not to use the Services:

• For any unlawful, fraudulent, or malicious purpose, or to violate any applicable federal, state, or local law, rule, or regulation.
• To infringe or violate the intellectual property rights of us or any third party.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person, including our employees and other users.
• To transmit false or misleading information, or to impersonate any person or entity.
• To upload or transmit viruses, malware, or any code intended to harm the Services.
• To send or facilitate the sending of unsolicited advertising, chain letters, or spam.
• To collect or track the personal information of others, or to spam, phish, pharm, or pretext the Services.
• To interfere with, bypass, or circumvent the security or authentication features of the Services.
• To use any robot, spider, scraper, data extraction tool, or other automated means to access the Services, except as expressly permitted by Section 17 (Automated Access and Agents) or by our robots.txt file.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm 4Q Fuel, Shopify, or users of the Services, or expose them to liability.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

17. Automated Access and Agents

This Section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct human supervision.

An Agent may access, use, or interact with the Services only if, at all times, it identifies itself and operates in strict accordance with the requirements in this Section, and only if we have not requested that the Agent refrain from accessing the Services. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must:

• In all HTTP and HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the user agent string.
• Not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behavior or by completing or circumventing CAPTCHAs or other measures intended to distinguish humans from automated systems.
• Respond truthfully to any question or prompt seeking to determine whether the interaction is from a human or a computer.
• Not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access the Services.

You are responsible for the acts and omissions of any Agent you use, enable, or deploy.

18. Accessibility

4Q Fuel is committed to making its Services accessible to people with disabilities and works on an ongoing basis to improve accessibility consistent with applicable law and the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience any difficulty accessing any part of the Services, or if you have suggestions for improvement, please contact us at info@4qfuel.com so we can address the issue.

19. Termination

These Terms remain in effect while you use the Services. We may terminate or suspend these Terms or your access to all or any part of the Services at our discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination. Termination does not relieve you of any payment obligations for Subscriptions accrued before termination.

The following Sections will survive termination: Product Information, Allergens, and Athletic Use (Section 3); Subscription and Auto Renewal Terms (Section 6) with respect to charges accrued before termination; Intellectual Property (Section 8); Copyright Complaints (Section 9); Privacy (Section 12); Feedback, Reviews, and User Content (Section 14); Termination (this Section); Disclaimer of Warranties (Section 20); Limitation of Liability (Section 21); Indemnification (Section 22); Force Majeure (Section 23); Dispute Resolution and Arbitration (Section 24); Governing Law (Section 25); Severability (Section 26); Waiver and Entire Agreement (Section 27); Assignment (Section 28); Changes to Terms (Section 29); Consumer Rights (Section 30); Headings (Section 31); and any other provision that by its nature should survive termination.

20. Disclaimer of Warranties

The information presented on or through the Services, including nutrition, ingredient, and athletic performance information, is provided solely for general information purposes. We do not warrant the accuracy, completeness, currency, or usefulness of any such information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY 4Q FUEL IN WRITING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 4Q FUEL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF 4Q FUEL AND THE OTHER PARTIES NAMED ABOVE FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO 4Q FUEL IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

California Civil Code Section 1542 states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." To the extent applicable to any release of claims set out in these Terms, you expressly waive the protections of California Civil Code Section 1542.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for personal injury caused by our negligence or for fraud.

22. Indemnification

You agree to indemnify, defend, and hold harmless 4Q Fuel, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, and reasonable attorneys' fees and costs payable to any third party arising out of or related to: (i) your breach of these Terms or any policy incorporated by reference; (ii) your violation of any law or the rights of a third party; (iii) your User Content; or (iv) your willful misconduct.

We will notify you of any claim subject to indemnification. A failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may, at our option, control the defense and settlement of any claim at your expense, including selection of counsel. We will not settle any claim that imposes non monetary obligations on you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claim.

23. Force Majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, supplier or carrier failures, shortages of materials or transportation, governmental action, internet or telecommunications outages, or platform outages. If such an event materially impairs our ability to perform, we may suspend or modify our obligations for the duration of the event without liability.

24. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND 4Q FUEL TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF FROM US. IT ALSO WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.

24.1 Informal Resolution

Before commencing any formal proceeding, you and 4Q Fuel agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally. You agree to send a written notice describing the Dispute, the relief requested, and your contact information to info@4qfuel.com (an "Initial Notice"). We will respond within thirty (30) days. If we and you do not resolve the Dispute within sixty (60) days after the Initial Notice is received, either party may proceed with arbitration as set forth below.

24.2 Binding Arbitration

Except for the exceptions in Section 24.5, any Dispute that is not resolved through informal resolution will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures or its Comprehensive Arbitration Rules and Procedures, as applicable, and where the amount in dispute warrants, its Consumer Minimum Standards. The JAMS rules are available at www.jamsadr.com. The arbitration will be conducted by a single neutral arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including any question regarding the existence, scope, or validity of this arbitration agreement, except that issues relating to the enforceability of the Class Action Waiver in Section 24.4 will be decided by a court.

The arbitration will be conducted in English. Unless the parties agree otherwise, the seat of the arbitration will be Santa Barbara County, California, and any in person hearing will take place there, although the parties may agree to telephonic or videoconference proceedings. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

24.3 Arbitration Fees

The allocation of arbitration fees will be governed by the applicable JAMS rules. If you demonstrate that the costs of arbitration would be prohibitive compared to litigation, 4Q Fuel will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive.

24.4 Class Action and Jury Trial Waiver

YOU AND 4Q FUEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND 4Q FUEL AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND 4Q FUEL WAIVE ANY RIGHT TO A JURY TRIAL.

If a court decides that this Class Action and Jury Trial Waiver is unenforceable with respect to any claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in court, and all other claims will proceed in arbitration.

24.5 Exceptions

Notwithstanding this Section, either party may: (i) bring an individual action in small claims court for Disputes within the court's jurisdiction; (ii) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (iii) file suit in court to enforce an arbitration award.

24.6 Thirty Day Right to Opt Out

You have the right to opt out of the arbitration agreement and Class Action Waiver in this Section 24 by sending written notice of your decision to opt out to info@4qfuel.com within thirty (30) days after first agreeing to these Terms. The notice must include your name, address, the email associated with your account or order, and a clear statement that you wish to opt out of arbitration with 4Q Fuel. Opting out will not affect any other provision of these Terms.

25. Governing Law and Forum

These Terms and any Dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, and, where applicable, the U.S. Federal Arbitration Act. Subject to Section 24, you and 4Q Fuel consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Barbara County, California, for any Dispute that is not subject to arbitration.

26. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity or enforceability of the remaining provisions.

27. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

These Terms, together with the Privacy Policy, Refund and Returns Policy, Shipping Policy, Product Information and Allergen Disclosure, and any other policies or operating rules we post, constitute the entire agreement between you and us regarding the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Any ambiguity will not be construed against the drafting party.

28. Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this Section is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent and without notice to you.

29. Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. For material changes, we will provide reasonable advance notice (at least thirty (30) days where feasible), which may be given by posting a notice on the Services or by emailing the address associated with your account. Changes will be effective on the date specified in the notice. Your continued use of the Services after the effective date constitutes acceptance of the changes. If you do not agree to the changes, you must stop using the Services before they take effect.

30. Consumer Rights

Nothing in these Terms is intended to limit any rights you may have as a consumer under applicable mandatory law that cannot be lawfully waived, including statutory rights regarding product quality, refunds, and remedies under the California Consumers Legal Remedies Act, Cal. Civ. Code Sec. 1750 and following, the Song Beverly Consumer Warranty Act, and other applicable law. If any provision of these Terms conflicts with mandatory consumer protection laws, the mandatory law will prevail to the extent of the conflict.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at the address in Section 32. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952 5210.

31. Headings and Interpretation

Headings are for convenience only and do not affect interpretation. The words "include" and "including" mean "include without limitation" and "including without limitation," and the word "or" is inclusive.

32. Contact Information

Questions about these Terms should be sent to us at info@4qfuel.com.

4Q Performance Foods, LLC

1151 Estrella Drive, Santa Barbara, CA 93110

Phone: (805) 319 8841

Email: info@4qfuel.com

California LLC No. B20250444245