Privacy Policy

Last modified and effective date: March 6th, 2024.

Your Privacy is extremely important to us. This Privacy Policy explains when, why, and how Functional Distro Company (“Functional,” “we,” “our,” or “us”) collects, uses, and shares personal information about persons who visit our website, https://functionaldistro.com (the “Website”). By accessing or using this Website, and by sharing your information with us in any manner, you consent to the collection and use of such information in accordance with the terms of this Privacy Policy. Please review this privacy statement before engaging with our website. Please direct any questions or concerns about this Privacy Policy to our customer service at hello@functionalmarketplace.com.

The Information We Collect and How We Use It.

Personal Information We Collect. We receive the information you provide to us either directly, or indirectly, through your use of the Website. This information includes information that can identify you (“personal information”). The personal information we may collect includes, but is not limited to, the following:

First and last name,

Telephone number,

Title,

Banking, credit card, and other payment-related information that you provide to us,

Internet Protocol (IP) addresses,

Postal address,

Email address,

Purchase history,

And other contract information you provide us.

Intended Uses of Personal Information. We use personal information to provide you the products you purchase through the Website, and for the following purposes:

Providing regular updates and promotional information of our products and services,

Responding to your questions, comments, and inquiries,

Providing notices of updates to any of our Terms and Conditions or this Privacy Policy,

Accessing your account and/or purchase history,

And processing payment with third parties for the products you buy from us.

Some of the information you provide to us through the Website may be necessary to support your participation in the activities you select, such as submitting an inquiry or request or logging in to your account, purchasing our products, or receiving business updates. It is completely optional for you as to whether you engage in these activities. Depending upon the activity, some of the information we ask you to provide is mandatory for you to continue with that activity and some is voluntary. In such cases we may not honor Do Not Track Requests. If you decline to provide information to us, or if you provide erroneous or incomplete information, it may not be possible for you to gain access to certain parts of the Website, complete certain tasks, or for us to respond to your inquiries or requests.

Intended Use of Your Email. If you have provided your email address to us through the Website or through other means, you may receive information, content, notifications, updates, newsletters, marketing emails, offers, promotions, or similar communications about the Website via email. If you do not wish to receive these communications, you may opt out by following the unsubscribe instructions in an email communication.

Cookies and Google Analytics. We automatically collect some information about your computer and your online activity when you visit the Website through the use of Cookies and Google Analytics. “Cookies” are small data text files transferred to your computer, if your web browser permits, but that cannot identify you personally. Cookies are used to help improve your browsing experience by recognizing your browser as a previous visitor and save any preference that may have been set while visiting the Website and by helping us customize the content and advertisements provided to you on this Website and on other websites across the Internet. If you choose not to accept cookies, you may not be able to utilize these features.

Information Collected Through Cookies and Google Analytics. Through these programs we may collect various pieces of information which include, but are not limited to the follow:

Your IP address,

Approximate location,

Traffic data,

The device you are using,

The web browser software you are using to access the Website (i.e., Google Chrome, Firefox, Safari, Microsoft Edge or Internet Explorer),

The forms you submit, including purchases you make, may also automatically log this information, as well as the date and time the form is submitted.

Intended Use of Information Collected Through Cookies and Google Analytics. We use this information, and may share this information with our vendors, for the purpose of providing an overview of how people are accessing and using the Website to improve our service and user experience. It is not used for any additional purpose.

With Whom We Share Your Information

We recognize and appreciate the importance of responsible use and protection of your information. We will not rent or sell your information to others; however, we may share your information to the extent it is required by law.

Third-Party Vendors. The collection, transfer, storage, and processing of your information may be undertaken by our trusted vendors for purposes of completing certain tasks and providing services to you on our behalf, including, but not limited to, facilitating purchases and processing payments. This Privacy Statement does not apply to third-party vendors used by this website, and we are not responsible for those websites. You should examine the privacy statements posted on those third-party websites to understand their procedures for collecting, using, and disclosing personal information.

Third-Party Websites and External Links

This Privacy Statement does not apply to third-party websites that may be accessed via links included on this Website and we are not responsible for those websites. You should examine the privacy statements posted on those third-party websites to understand their procedures for collecting, using, and disclosing personal information.

Transfer of Personal Information Across Borders

When you submit personal information to us through this website, you understand and agree that this information may be transferred across state or national boundaries and may be stored and processed in any of the countries and locations in which Functional and our vendors maintain web servers or offices, including, without limitation, the United States. By using our website and providing us with your information you are consenting to such transfers.

If you are visiting our website from outside the United States, please be aware that your information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your information will at all times continue to be governed by this privacy notice.

How We Protect Your Information

No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. We will only retain personal information collected from you as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law.

Your Rights to The Information We Collect About You.

You have the right to access, review, correct, and delete your personal information that we have collected about you in the previous twelve (12) months. Functional promises to not discriminate against customers who exercise their data rights.

The Right to Access, Review, and Correct. Upon request, you have the right to access, review, and correct the personal information we have about you. If you request your information, we will provide it to you in a readily usable format.

The Right to Delete. Upon request, you have the right to have the information we have about you deleted, subject to applicable laws.

You can contact us any time at hello@functionalmarketplace.com to change your privacy preferences, exercise your data rights, or ask questions concerning this privacy statement. To comply with your request, we may ask you to verify your identity. We will respond to verified requests within 45 days of request and will inform you of the reasons if action is not taken.

Changes to this Privacy Statement

We reserve the right to change this Privacy Statement from time to time at our sole discretion. Your use of this Website will be subject to the most current version at the time of such use. All changes are effective as soon as they are posted to this webpage. Your continued use of the Website following updates to the Privacy Statement constitutes your acceptance and agreement to be bound by the updated Privacy Statement.

Terms & Conditions of Sale

Unless otherwise agreed to in a document signed by an authorized representative of Functional Distro Company (“Functional,” “we,” “our” or “us”), the following terms and conditions of sale (“Terms”) apply to all sales made to you (“you,” “your” or “Customer”) of goods or beverages (“Products”), including sales made through FunctionalDistro.com (the “Website”). These Terms constitute an agreement between you and Functional and shall govern any order you make for the purchase of Product in exchange for payment (“Order”).

BY SUBMITTING AN ORDER FOR ANY PRODUCT THROUGH THE WEBSITE, CUSTOMER ACCEPTS AND UNDERSTANDS THESE TERMS.

1. Eligibility

By entering into an Order, you represent and warrant that you:

• Are at least 21 years of age;
• Will only provide accurate information to Functional;
• Have full power and authority to enter into these Terms, and doing so will not violate any other agreement to which you are a party or any law or regulation; and
• Will not violate any rights of Functional or a third party.

2. Separate Privacy Policy

Our Privacy Policy, functionalmarketplace.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.

3. Limited Warranty

Functional warrants that Beverages are fit for human consumption. The foregoing warranty does not apply if Products are misused or used in a way not intended. THIS LIMITED WARRANTY IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES. FUNCTIONAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE PROVIDE NO WARRANTY WHATSOEVER ON ANY CONTAINERS OR PACKAGING OF PRODUCTS.

4. Remedy; Limitation of Liability

Functional will replace any Products that do not conform to the foregoing warranty, or, at its option, refund the purchase price for any defective Products. Replacement or refund for defective Products will be your exclusive remedy. To the maximum extent permitted by law, Functional will not have any further liability to you under any theory of liability. Without limiting the foregoing, Functional will not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, business interruption, reputational harm, or loss of data.

5. Product Price

Functional reserves the right to modify or change the price of any Products at any time. The current price listed for any given Product reflects the price you will pay for that Product, not including additional fees, upon checkout. The price indicated on the Website does not include the cost of shipping or taxes.

6. Payment for Online Orders

All Orders must be paid using a credit card, debit card, or other methods available on the Website’s checkout page. Full payment, including applicable fees, is due at checkout. Functional is under no obligation to fulfill Customer’s Order until it has received full payment.

7. Inventory

Functional uses reasonable efforts to ensure the Website accurately lists available inventory of Products. If you place an Order for Products not available, Functional will notify you within five (5) business days. Customers will have the option to be refunded or be added to a waitlist.

8. Order Confirmation

Upon completion of payment, Functional will send Customer an order confirmation via email. Ensure your email is working and accurate to receive the Order confirmation.

9. Cancellation

You may cancel your Order for a full refund within 24 hours by emailing Functional at hello@functionalmarketplace.com. After 24 hours, cancellations are only permitted before the Order is shipped.

10. Shipment

Orders will only be shipped to locations where it is legal to deliver products containing hemp extracts. If a shipment cannot be delivered to a jurisdiction, the Order will be canceled, and Payment refunded. Customers are responsible for shipping costs unless otherwise agreed.

11. Risk of Loss

• Option 1: Risk of loss passes to Customers at the point of shipment. Claims for damage must be submitted to the shipment carrier.
• Option 2: Risk of loss passes at the point of delivery. Claims for damage must be made within 48 hours, including a photo of the damage, by contacting hello@functionalmarketplace.com.

12. Returns

We do not accept returns of consumable Products. Returned Products without permission will be discarded without a refund. In the event of a recall, we may request returns or disposal with instructions.

13. Refunds

If you receive an incorrect Product, contact hello@functionalmarketplace.com within 48 hours for a refund. Once approved, refunds will be issued to the original payment method within ten (10) business days.

14. Modification of These Terms

Functional reserves the right to modify these Terms, effective immediately upon posting on the Website. You waive any right to receive specific notice of such changes.

15. Severability

If a court finds any provision of these Terms invalid or unenforceable, the provision will be replaced by a valid, enforceable clause that closely resembles the intent of the initial provision. The rest of the Terms remain in effect.

16. Governing Law; Venue

These Terms are governed by Ohio law. The exclusive venue for disputes will be state or federal courts located in Cuyahoga County, Ohio. Any action must be commenced within one year after the cause of action accrues.