Terms and Conditions

WHIRLWINED LLC

TERMS OF SALE, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY AGREEMENT

Last Updated: 01/09/26

These Terms of Sale, Assumption of Risk, and Limitation of Liability Agreement (“Agreement”) govern the purchase, use, and consumption of all products sold by Whirlwined LLC, an Illinois limited liability company (“Whirlwined,” “Company,” “we,” “us,” or “our”), through the website www.drinkwhirlwined.com and any affiliated platforms (collectively, the “Site”).

By accessing the Site, placing an order, purchasing, receiving, opening, consuming, or otherwise using any Whirlwined product (the “Products”), you (“Customer,” “you,” or “your”) affirmatively agree to be legally bound by this Agreement in its entirety. If you do not agree, do not purchase or use the Products.

1. LEGAL STATUS OF PRODUCTS

Whirlwined Products are hemp-derived beverages manufactured and sold pursuant to the 2018 U.S. Farm Bill (7 U.S.C. § 1639o et seq.), containing no more than 0.3% delta-9 THC on a dry-weight basis, derived exclusively from federally lawful hemp.

You acknowledge and agree that:

Hemp laws vary by state, county, municipality, and country
Laws may change without notice
Enforcement practices are inconsistent and evolving

YOU BEAR SOLE RESPONSIBILITY for determining whether possession, use, importation, or consumption of the Products is lawful in your jurisdiction.

2. AGE RESTRICTION AND ELIGIBILITY

You represent and warrant that:

You are at least 21 years of age
You are legally permitted to purchase and consume hemp-derived products in your jurisdiction
You are not prohibited by law, court order, employment policy, medical restriction, or probation/parole condition from consuming THC-containing products

Whirlwined does not sell to minors. Any misrepresentation of age constitutes fraud and voids all protections otherwise afforded to you.

3. ASSUMPTION OF RISK

You expressly acknowledge and agree that:

Consumption of hemp-derived THC beverages may cause impairment
Effects vary by individual, dosage, metabolism, health status, and tolerance
Potential effects may include drowsiness, anxiety, dizziness, altered perception, delayed reaction time, nausea, or other physical or psychological effects

YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, known and unknown, foreseeable and unforeseeable, arising from:

Purchase
Possession
Storage
Consumption
Combination with alcohol, medications, supplements, or other substances
Improper use
Use contrary to labeling or instructions

4. NO MEDICAL OR HEALTH CLAIMS

Products are not intended to diagnose, treat, cure, or prevent any disease.

Whirlwined does not provide medical advice. Any statements regarding mood, relaxation, wellness, or experience are non-medical, subjective, and informational only.

Consult a licensed physician before use if you:

Are pregnant or breastfeeding
Have a medical condition
Take prescription or over-the-counter medications
Have a history of substance sensitivity or mental health conditions

5. STRICT LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIRLWINED SHALL NOT BE LIABLE FOR ANY:

Personal injury
Death
Property damage
Economic loss
Lost profits
Emotional distress
Loss of enjoyment
Business interruption
Incidental, consequential, indirect, punitive, or special damages

REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF WARRANTY, OR STATUTORY CLAIM.

TOTAL AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

6. WAIVER AND RELEASE

You hereby irrevocably release, waive, and discharge Whirlwined and its:

Members
Managers
Officers
Employees
Contractors
Affiliates
Suppliers
Distributors
Insurers

from any and all claims, known or unknown, arising out of or related to the Products, including claims based on:

Product effects
Labeling
Dosage
Alleged non-compliance with local law
Transportation or seizure by authorities
Third-party misuse

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Whirlwined from any claims, damages, fines, penalties, costs, or attorneys’ fees arising from:

Your breach of this Agreement
Your misuse of Products
Your violation of law
Your resale, sharing, or distribution of Products
Claims brought by third parties to whom you provide Products

8. INTERSTATE AND OUT-OF-STATE PURCHASES

If you purchase Products outside Illinois, you expressly acknowledge that:

You requested shipment into your jurisdiction
You independently determined legality
Whirlwined makes no representation regarding compliance with your local laws
Title and risk of loss pass to you at shipment

You agree that any enforcement action, seizure, or prohibition shall not constitute a defect, breach, or liability on the part of Whirlwined.

9. NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WHIRLWINED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OF EFFECT
CONSISTENCY OF EXPERIENCE

10. BINDING ARBITRATION & CLASS ACTION WAIVER

ANY DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, conducted in Cook County, Illinois, under the rules of the American Arbitration Association.

You WAIVE ANY RIGHT TO A JURY TRIAL.

You further waive the right to participate in any class action, collective action, or representative proceeding.

11. GOVERNING LAW & VENUE

This Agreement shall be governed exclusively by the laws of the State of Illinois, without regard to conflict-of-law principles.

Any permitted court proceedings shall occur exclusively in Cook County, Illinois.

12. SEVERABILITY & SURVIVAL

If any provision is held unenforceable, the remainder shall remain in full force.

All disclaimers, limitations, indemnities, and arbitration provisions survive termination and consumption of Products.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Whirlwined regarding Product purchases and supersedes all prior communications.