TERMS OF USE

Please Read Carefully Before Using This Website.

These Terms of Use contain an arbitration provision. Please review the Arbitration section for details.

Tractor Beverage Company (“we,” “us” or “our”) maintains this website for information and communication purposes. These Terms of Use (“Terms”) govern your access to and use of this www.tractorbeam.earth website (the “Website”). “You” refers to you as a user of the Website.

If you do not accept or do not comply with these Terms, you may not use the Website.

1. Overview and Eligibility

BY USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Website with permission from your parent or legal guardian. If you use the Website on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

2. Changes to Terms

We may, at any time and for any reason and without notice, make changes to (a) this Website, including its look, feel, format and content, as well as (b) the products and services described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including related products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that the advertised products or services are available outside of the United States. If you choose to access this Website, you do so at your own risk and you are responsible for compliance with applicable local laws.

4. Additional Terms

Some of our goods, services and promotions advertised through the Website have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to review in connection with such goods, services or promotion. By using, purchasing or otherwise engaging with such goods, services or promotion, you agree to the Additional Terms.

5. User Content

The Website may allow you to upload, submit, store, send or receive content and data (“User Content”). For example, some versions of the Website may allow you to comment on or otherwise interact with the stories on the Website. You retain ownership of any intellectual property rights that you hold in that User Content.
However, when you upload, submit, store, send or receive User Content directly to or through the Website or related services, , you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations or other changes we make so that User Content works better with the Website), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting and improving the Website, and to develop and market our goods and services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website.

You promise that (a) you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website for any reason.

6. Copyrights and Trademarks

Other than User Content, we own or license all right, title and interest in and to (a) the Website, including all software, text, media and other content available on the Website (“Our Content”); and (b) our trademarks, logos and other brand elements (“Marks”). The Website, Our Content and Marks are protected by United States and international laws and treaty provisions. The look and feel of the Website are copyright © Tractor Beverage Company. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any printout of this Website, or portion of the Website, must include our copyright notice. You may not distribute to or display for any other person or entity any portion of this Website, including any printed copy. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish or sublicense any part of this Website, or create derivative works from, link to or frame or use in or on another website (including, without limitation, the HTML/CSS, Javascript, or visual design elements or concepts) any part of this Website, or transfer or sell any information obtained from this Website, without our prior written permission.

7. Feedback

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback or other information about the Website or our business, goods or services (“Feedback”) provided by you will not be confidential or proprietary, and we will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Links

For your convenience, we may provide links to various other websites, platforms, services or content that may be of interest to you and for your convenience only. However, we do not control or endorse such other websites, platforms, services or content and are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such websites, platforms, services or content. Please read the terms and conditions or terms of use policies of any other company, website, platform or service you may navigate to from our Website. These Terms apply only to the Website and the associated products and services we offer. If you decide to access any of the
third-party websites, platforms, services or content linked from this Website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity and legality (or otherwise) of any materials or information contained on any such third-party websites, platforms, services or content.

You may not link to this Website without our prior written permission. If you are interested in linking to this Website, please contact us at tractorbeam@drinktractor.com.

9. Acceptable Use of the Website

You are responsible for your use of the Website. Our goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the
Website, you may not:

a) violate any law or regulation;
b) violate, infringe or misappropriate others’ intellectual property, privacy, publicity or other legal rights;
c) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
d) send unsolicited or unauthorized advertising or commercial communications, such as spam;
e) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;
f) transmit any viruses or other computer instructions or technological means that may disrupt, damage or interfere with the use of computers or related systems;
g) stalk, harass or harm another individual;
h) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
i) use any means to scrape or crawl any Website pages;
j) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
k) attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Website; or
l) advocate, encourage or assist any third party in doing any of the foregoing.

10. Copyright Policy

We respect the intellectual property rights of others. If you believe something on this Website has infringed your intellectual property rights, please notify us at tractorbeam@drinktractor.com.

11. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as medical, legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR TRUSTED ADVISOR, AS APPROPRIATE.

12. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use and protect, and when we share, personal information and other data with others.

13. Termination

We reserve the right to not provide the Website to any person. We also reserve the right to terminate any user’s right to access the Website at any time, in our discretion. If you violate any of these Terms, your permission to use the Website automatically terminates.

14. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. Prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you (personally) and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at tractorbeam@drinktractor.com of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days following receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may also have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which period can be extended by agreement between you and us), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below.
Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this 60-day informal dispute resolution process. A court of competent jurisdiction may enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

15. Arbitration Agreement & Waiver of Certain Rights

You and we agree that, except as set forth below, we will resolve any controversies, claims, counterclaims or other disputes between you and us or you and our agent (a “Claim”) through final and binding arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
However, the arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter, signed by you, requesting arbitration and describing your claim to tractorbeam@drinktractor.com. This letter must be sent at least five days before you initiate an arbitration proceeding against us.

Any party to the arbitration may, at any time more than 10 days before arbitration, serve an offer of compromise in writing upon any other party to the action.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or us from seeking action by federal, state or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and our individual Claims with respect to each other. The arbitrator may not consolidate or join the claims of other parties who may be similarly situated without prior written consent from you and us. If, for any reason, a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. The arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either you or we seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court must be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with us.

Mass Arbitration Process Requirements
If 25 or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and our counsel shall each select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select 20 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process (if there are fewer than 40 claims remaining, all shall proceed). The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with those cases, until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 40 proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we will pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with 100 cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section
regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the
AAA to address reductions in arbitration fees.

16. Limitation of Liability

YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS AND LICENSORS (TOGETHER, “AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) LOSS OR DAMAGE OF ANY KIND, INCLUDING SICKNESS, DISABILITY AND DEATH, INCURRED AS A RESULT OF THE USE OF ANY CONTENT DISTRIBUTED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100).

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

17. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us and our Affiliates harmless from and against any claims, costs, proceedings, actions, demands, losses, damages, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees, of any kind or nature, relating to, resulting from or alleged to result from your violation of these Terms. If we assume the defense of such matter, you will reasonably cooperate with us in such defense.

18. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms shall be governed in all respects by the laws of Idaho, without reference to its conflict of laws or choice of law rules.

Under California Civil Code Section 1789.3, Website users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You agree that any action of whatever nature relating to these Terms or the Website will be filed only in the state or federal courts located in Kootenai County, Idaho. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severed from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may have other agreements with us. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with us.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

If you would like additional information regarding these Terms, please contact us at tractorbeam@drinktractor.com.

PLEASE PRINT THESE TERMS AND CHECK THE WEBSITE FREQUENTLY FOR CHANGES TO THESE TERMS.

TERMS LAST UPDATED: March 7, 2025

Hush Up and Eat Your Dirt, Child

Hush Up and Eat Your Dirt, Child

Hush Up and Eat
Your Dirt, Child

Hush Up and Eat
Your Dirt, Child