Terms of Use
Last Updated: March 13, 2026
These Terms of Use (“Terms”) govern your access to and use of the website located at getbroth.com, any BROTH-controlled social media pages, and any content, features, functionality, products, and services made available through them, including your purchase of products from us (collectively, the “Services”).
Throughout these Terms, “BROTH,” “we,” “our,” and “us” refer to BROTH, LLC, doing business as BROTH. “You” and “your” refer to any person who accesses or uses our Services.
Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and any additional terms incorporated by reference. If you do not agree to these Terms, do not access or use our Services.
We may update these Terms from time to time. If we make changes, we will post the revised Terms on this page and update the “Last Updated” date above. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.
If you have any questions about these Terms or our Services, you may contact us at hello@getbroth.com.
Privacy
Your use of our Services is also subject to our Privacy Policy, which describes how we collect, use, and process your information.
Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use our Services. If you are under that age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on their behalf, and all references to “you” in these Terms will include that person or entity.
User Accounts and Account Security
You may need to create an account to access certain features of our Services, including subscription management. If you create an account, you agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly if you suspect any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate accounts, or to reclaim usernames, at our discretion.
Acceptable Use
You agree not to use our Services in any way that violates any applicable law, regulation, or third-party right. You also agree not to:
use the Services for any unlawful, fraudulent, or unauthorized purpose;
interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available;
attempt to gain unauthorized access to any portion of the Services, other accounts, or systems connected to the Services;
copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any part of the Services except as expressly permitted by us;
reverse engineer, decompile, or otherwise attempt to discover source code or underlying technology related to the Services;
use bots, scrapers, crawlers, or other automated means to access or collect information from the Services without our prior written permission;
upload or transmit any viruses, malware, malicious code, or other harmful material;
submit any false, misleading, or fraudulent information; or
impersonate any person or entity or misrepresent your affiliation with any person or entity.
We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms.
Ownership and Limited License
The Services, including all text, graphics, images, product names, logos, designs, audio, video, software, and other content made available through the Services, are owned by or licensed to BROTH and are protected by applicable intellectual property and other laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use only. Any use of the Services other than as expressly authorized in these Terms is prohibited.
Trademarks
BROTH, Dawn, our logos, slogans, product names, and the overall look and feel of the Services are trademarks or trade dress of BROTH or its licensors and may not be used without our prior written consent. All other trademarks, service marks, and trade names appearing on the Services are the property of their respective owners.
Feedback and User Submissions
If you voluntarily submit or share with us any ideas, suggestions, comments, reviews, testimonials, or other materials relating to our business, products, or Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, display, distribute, and otherwise exploit that Feedback in any media for any lawful purpose, without compensation or acknowledgment to you.
You represent and warrant that you own or control all rights in any Feedback you provide and that our use of such Feedback will not violate any law or the rights of any third party.
We may, but are not required to, monitor, review, remove, or decline to post any Feedback in our sole discretion.
Third-Party Content and Links
Our Services may contain links to third-party websites, content, services, or resources that are not owned or controlled by BROTH. We provide these links solely for convenience and do not endorse or assume responsibility for any third-party content, products, or services.
Your use of any third-party websites or services is at your own risk and subject to the terms and policies of those third parties.
SMS and Text Messaging
If you choose to opt in to receive marketing or transactional text messages from us, you consent to receive recurring automated or non-automated text messages at the mobile number you provide. These messages may include promotional offers, cart reminders, order confirmations, shipping updates, and other account- or order-related communications.
Consent to receive marketing text messages is not a condition of purchase. Message and data rates may apply, and message frequency may vary.
You can opt out of marketing text messages at any time by replying STOP to a message from us. For help, reply HELP or contact us at hello@getbroth.com.
You represent that you are the authorized user of the mobile number you provide and that you will notify us if your mobile number changes.
Disclaimers
We strive to present accurate product and pricing information, but we do not warrant that product descriptions, ingredient information, pricing, availability, or other content on the Services is complete, current, or error-free. We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice.
Statements made on the Services regarding wellness, lifestyle, nutrition, or ingredients have not necessarily been evaluated by the Food and Drug Administration unless expressly stated. Our products are not intended to diagnose, treat, cure, or prevent any disease. The content provided through our Services is for general informational purposes only and is not medical advice. You should consult your physician or other qualified healthcare provider before using any product, especially if you are pregnant, nursing, have a medical condition, or take medication.
Orders, Pricing, and Availability
All orders placed through our Services are subject to acceptance by us. We reserve the right to refuse, limit, or cancel any order at our discretion, including after an order confirmation has been sent.
All prices are listed in U.S. dollars unless otherwise stated. We reserve the right to change prices, product offerings, promotions, and availability at any time without notice.
We also reserve the right to correct pricing errors, typographical errors, and other inaccuracies, and to cancel or refuse orders placed based on incorrect information.
Payment and Billing
We use third-party payment processors to process transactions made through our Services. By submitting your payment information, you authorize us and our payment processors to charge the applicable payment method for the full amount of your order, including any applicable taxes and shipping charges.
You agree to provide current, complete, and accurate billing and payment information and to promptly update such information if it changes.
We are not responsible for errors made by third-party payment processors.
Shipping and Delivery
We will make commercially reasonable efforts to process and ship orders in a timely manner, but shipping and delivery dates are estimates only and are not guaranteed.
Risk of loss and title for products pass to you upon delivery to the carrier, to the extent permitted by applicable law.
We are not responsible for shipping delays, carrier issues, lost or stolen packages confirmed as delivered, incorrect shipping information provided by you, or events outside our reasonable control.
Subscriptions and Recurring Orders
If you purchase a subscription product from us, you authorize us to charge your selected payment method on a recurring basis at the frequency you selected at checkout unless and until you cancel.
Your subscription will automatically renew unless canceled before your next billing date. You may manage, pause, or cancel your subscription through your account portal or by contacting us at hello@getbroth.com.
If you cancel, your subscription will remain active through the end of the then-current billing period, and future renewals will stop unless otherwise stated at the time of purchase.
We reserve the right to change subscription pricing, product availability, or subscription terms upon notice to you as required by applicable law.
Returns and Refunds
Our Return Policy governs returns and refunds for products purchased through our Services. By placing an order, you acknowledge and agree to our Return Policy.
Prohibited Resale
Our products are sold for personal use only and may not be resold, redistributed, or used for any commercial purpose without our prior written consent.
Disclaimer of Warranties
To the fullest extent permitted by law, the Services and all products, content, and materials made available through the Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
To the fullest extent permitted by law, BROTH disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected.
Limitation of Liability
To the fullest extent permitted by law, BROTH and its officers, directors, employees, contractors, affiliates, service providers, licensors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of or inability to use the Services or products purchased through the Services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the total liability of BROTH for any claim arising out of or relating to these Terms, the Services, or any product purchased through the Services will not exceed the amount you paid to BROTH for the product or service giving rise to the claim.
Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the foregoing limitations may not apply to you.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BROTH and its officers, directors, employees, contractors, affiliates, licensors, service providers, and agents from and against any claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms, your misuse of the Services, your violation of any applicable law, or your infringement of any third-party right.
Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.
Dispute Resolution
In the event of a dispute, you and BROTH, LLC, doing business as BROTH (“BROTH”) agree to try to resolve it informally first. If the parties cannot resolve it informally, you and BROTH agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products purchased through the Services will be resolved through final and binding arbitration, rather than in court, except as otherwise provided below. By agreeing to these Terms, you and BROTH waive the right to a trial by judge or jury and waive the right to participate in any class, collective, consolidated, or representative action.
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to hello@getbroth.com. Your opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration will not affect any other provisions of these Terms.
Covered Disputes
Except as otherwise set forth in this section, you and BROTH agree that any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of the Services, your account, your purchase or use of any products, or your relationship with BROTH, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration.
This arbitration agreement applies to claims that arose before your acceptance of these Terms and to claims that may arise after termination of these Terms.
Exceptions to Arbitration
Nothing in this section requires arbitration of the following types of claims:
claims that may be brought in small claims court, if they qualify and remain on an individual basis only; and
claims relating to the ownership, validity, or enforcement of intellectual property rights, including trademarks, copyrights, patents, trade dress, trade secrets, or domain names.
Informal Resolution First
Before initiating arbitration, you and BROTH agree to first attempt to resolve the dispute informally. If you have a dispute with BROTH, you must send written notice to hello@getbroth.com with the subject line Dispute Notice. Your notice must include your full name, mailing address, email address, a description of the dispute, and the relief you are seeking.
If BROTH has a dispute with you, BROTH will send a similar notice to the email address associated with your account or order.
If the dispute is not resolved within sixty (60) days after notice is received, either party may initiate arbitration. Compliance with this informal resolution process is a condition precedent to initiating arbitration.
Arbitration Procedure
Any arbitration between you and BROTH will be administered by National Arbitration and Mediation (“NAM”) in accordance with its applicable rules then in effect, except as modified by these Terms. If NAM is unavailable, the parties will agree on an alternative arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint the arbitration provider or arbitrator.
The arbitration will be conducted before a single arbitrator. Unless otherwise required by applicable law or the arbitration provider’s rules, the arbitration may be conducted by video conference, telephonically, on written submissions, or at another mutually agreed location.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide any dispute relating to the enforceability of the class action waiver below.
Class Action Waiver
To the fullest extent permitted by applicable law, you and BROTH 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, mass, or representative proceeding.
Unless you and BROTH both agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, mass, or representative proceeding.
Jury Trial Waiver
To the fullest extent permitted by applicable law, you and BROTH waive any constitutional or statutory right to sue in court and to have a trial before a judge or jury for covered disputes. Instead, covered disputes will be resolved by binding arbitration under this section.
Arbitration Costs
Payment of all filing, administration, and arbitrator fees will be governed by the applicable arbitration provider’s rules, unless otherwise required by law. Each party will bear its own attorneys’ fees and costs except to the extent otherwise provided by applicable law or awarded by the arbitrator.
Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to hello@getbroth.com within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration.
If you opt out, all other parts of these Terms will continue to apply.
Governing Law and Venue for Non-Arbitrable Claims
These Terms and any dispute not subject to arbitration will be governed by the laws of the State of Colorado, without regard to conflict of laws principles. Subject to the arbitration requirements above, any action not required to be arbitrated must be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of those courts.
Severability
If any portion of this Dispute Resolution section is found to be unlawful or unenforceable, that portion will be severed and the remaining provisions will remain in full force and effect, except that if the class action waiver is found unenforceable, then this arbitration agreement will be unenforceable only as to that claim or remedy to the extent required by law.
Modifications to the Services
We reserve the right to modify, suspend, or discontinue all or any part of the Services at any time, with or without notice. We will not be liable to you for any modification, suspension, or discontinuance of the Services.
Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or if we otherwise determine it is appropriate to do so.
Any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to ownership, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and any accrued rights or obligations.
Severability
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, Return Policy, and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and BROTH regarding your use of the Services and supersede any prior or contemporaneous understandings regarding the same subject matter.
Contact Information
If you have any questions about these Terms, you may contact us at:
hello@getbroth.com
or, our contact page
