HydroSport Max Terms and Conditions of Sale

Last updated: October 30, 2026

  1. YOUR RIGHTS AND OBLIGATIONS

    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

    2. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF YOUR FIRST ORDER AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. 

    3. BY CLICKING OR TAPPING TO ACCEPT THESE TERMS AND OUR PRIVACY POLICY, OR BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, INCLUDING THROUGH AN ACCELERATED CHECKOUT OR DIGITAL WALLET SUCH AS SHOP PAY OR APPLE PAY, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

    4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HYDROSPORT MAX, (C) ARE NOT A RESIDENT OF THE UNITED STATES PROVIDING A UNITED STATES DELIVERY ADDRESS, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

    5. These terms and conditions (these “Terms”) apply to the purchase and sale of products through hydrosportmax.com (the “Site”). They do not apply to purchases of our products through Amazon, TikTok Shop or any other third-party marketplace, live shopping channel or retailer, which are governed by that marketplace’s, channel’s or retailer’s own terms, policies and return and refund rules. The Site is operated by Elliott Consumer Packaged Goods, LLC, a Georgia limited liability company doing business as HydroSport Max (referred to as “HydroSport Max”, “us”, “we”, or “our” as the context may require). We may revise these Terms from time to time by posting a revised version on the Site with a new “Last updated” date. The version of these Terms in effect when you place your order governs that order, and a revision will not apply retroactively to an order we have already confirmed. You should review these Terms before purchasing any product available through this Site.

    6. These Terms are an integral part of our Website Terms of Use, which apply generally to the use of our Site. Our Privacy Policy is also incorporated into these Terms by reference, and you should review it before placing an order through this Site. These Terms state the shipping, return and refund terms that apply to your order, and if any shipping, return or refund policy posted on any other page of the Site or on any other website operated by or for HydroSport Max conflicts with these Terms, these Terms control. These Terms, our Website Terms of Use and our Privacy Policy are each linked at checkout and in the Site footer.

  2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any order in our sole discretion, and we may limit or cancel quantities purchased per person, per household or per order, including for limited releases, and may refuse or cancel any order that we believe has been placed by a reseller or by automated means or that appears to be fraudulent. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between HydroSport Max and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at support@hydrosportmax.com. If we cancel an order after your payment method has been charged, we will refund the amount charged in full.

  3. Prices and Payment Terms.

    1. All prices posted on this Site are in U.S. dollars and 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 set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors, in which case we will refund any amount charged.

    2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Payments are processed by Shopify Payments, and we accept the payment methods shown at checkout. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your card issuer or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We do not receive or store your full payment card number. If a payment is declined, disputed or reversed, we may cancel the related order.

  4. Shipments; Delivery; Title and Risk of Loss.

    1. We will arrange for shipment of the products to you at the address you provide at checkout. We ship only to addresses in the United States and its territories and possessions. Available shipping methods and shipping and handling charges are shown at checkout before you place your order, and you will pay all shipping and handling charges specified during the ordering process. Orders are normally processed within one to two business days after we send your order confirmation email, excluding weekends and holidays. We will ship your order within the time stated on the product page or at checkout or, if no time is stated, within 30 days after we send your order confirmation email. If we cannot ship within that time, we will notify you, give you a revised shipping date, and give you the option to cancel the affected items for a full refund. We do not ship to freight forwarders, and we may require a signature on delivery for high-value orders.

    2. Title and risk of loss pass to you upon delivery of the products to the address you provide at checkout. If your order is lost in transit or arrives damaged, contact us at support@hydrosportmax.com within 14 days after the carrier’s recorded delivery date or, if the package never arrives, within 14 days after the last tracking update, and we will replace the affected items or refund them, at our option, at no additional charge to you. This 14-day period applies only to claims that a shipment was lost or damaged in transit, and it does not shorten your right to return a defective, damaged or incorrect product under the returns and refunds provisions below or your rights under the limited warranty below. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by the carrier.

  5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned unopened and unused in their original condition and packaging. Returned products are inspected on receipt to confirm that they are unopened and unused. A product that is defective, damaged or not what you ordered may be returned whether or not it has been opened, and we will replace it or refund it in full, including original shipping and handling costs. To return products, you must obtain a Return Merchandise Authorization (“RMA”) number from our Returns Department by emailing us at support@hydrosportmax.com. No returns of any type will be accepted without an RMA number. Once we issue an RMA number, ship the product, with the RMA number marked on the outside of the package, to Universal Fulfillment, c/o HydroSport Max, 1405 Poinsettia Drive, Building G, Bay 12, Delray Beach, FL 33444.

You are responsible for all shipping and handling charges on returned items, except that we pay return shipping when the product is defective, damaged or not what you ordered. Unless you prepay return shipping yourself, we will deduct the cost of return shipping from your refund and will show that deduction in your refund confirmation. Returns are not subject to a restocking fee.

Refunds are processed within five business days of our receipt of your returned merchandise, and your bank or card issuer may take additional time to post the credit. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We refund the purchase price and any applicable tax, less any return shipping cost deducted as described above. Original shipping and handling charges are not refunded except where the product was defective, damaged or not what you ordered, or where applicable law requires otherwise. Products designated on the Site as non-returnable are not eligible for return or refund, and any such designation will appear conspicuously on the product page before you place your order. Nothing in these Terms limits any refund or other remedy you are entitled to under applicable law or under the limited warranty below.

  1. Pre-Orders. If we offer a product for pre-order, the estimated ship date will be shown on the product page, in your cart and in your order confirmation email. Your payment method is charged when you place a pre-order. If we cannot ship by the estimated date, we will notify you before that date, give you a revised estimated ship date, and allow you to cancel the pre-order for a full refund. You may also cancel a pre-order for a full refund at any time before it ships.

  2. Subscriptions and Automatic Renewal. If we offer a subscription and you choose one, you are expressly agreeing that your subscription renews automatically and that we may charge your payment method on the schedule you select, at the price shown when you subscribed, plus any shipping and applicable tax, until you cancel. Before your subscription begins we will present the renewal frequency, the amount of the recurring charge, the cancellation method and any introductory or promotional price and the price that applies after it ends, and we will send you an email confirmation of those terms.

You may cancel a subscription at any time before your next billing date in your account on the Site or by emailing us at support@hydrosportmax.com, and cancellation is effective for all future charges. Charges already processed are not refunded except as these Terms or applicable law provide, and any shipment already made is subject to the return and refund provisions above. We will notify you before any price increase or other material change to your subscription takes effect so that you may cancel first, and where the law requires it we will send a renewal reminder before a renewal. We send subscription confirmations, renewal reminders and other subscription notices by email. We do not send marketing or subscription text messages, and we will not do so unless you separately consent to receive them.

  1. Promotions, Discount Codes and Limited Releases. Discount codes and promotions are subject to the terms stated when they are offered. Unless stated otherwise, they cannot be combined, have no cash value, and may be modified or discontinued at any time to the extent permitted by law. Limited and numbered items, including any collectible included with a founding bundle, are sold for enjoyment and not as investments, we make no representation about their future value, and quantities are limited and may sell out. Giveaways, sweepstakes and contests are governed by their own official rules.

  2. LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL CONFORM TO THE DESCRIPTION AND INGREDIENT STATEMENT ON THE PRODUCT LABEL. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

  1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.

  1. What Does This Warranty Cover?

This limited warranty covers, during the Warranty Period (as defined below), defects in materials and workmanship in products purchased from the Site and nonconformity with the description and ingredient statement on the product label.

  1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  1. transportation;

  2. storage;

  3. use other than in accordance with the directions and warnings on the product label;

  4. storage in excessive heat, direct sunlight or freezing conditions;

  5. any alteration, dilution, repackaging, decanting or tampering with the product or its packaging;

  6. combination or use with any other product, material or substance not provided or authorized in writing by HydroSport Max;

  7. any product not purchased directly from the Site, or purchased from an unauthorized reseller;

  8. individual skin sensitivity, allergic reaction or other individual response that is not caused by a defect in the product; or

  9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

  1. What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for two years after that date (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

  1. What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to send any replacement product to you.

  1. How Do You Obtain Warranty Service?

To obtain warranty service during the Warranty Period: (i) email our Customer Service Department at support@hydrosportmax.com and include your order number, a description of the problem, a photograph of the product if the problem is visible, and the lot number shown on the product; (ii) we will respond with an RMA number and return instructions; and (iii) ship the product, with the RMA number marked on the outside of the package, to Universal Fulfillment, c/o HydroSport Max Customer Service Department, 1405 Poinsettia Drive, Building G, Bay 12, Delray Beach, FL 33444. No warranty service will be provided without an RMA number.

  1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF USE, LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. THIS LIMITATION DOES NOT APPLY TO LIABILITY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY CLAIM FOR DEATH OR BODILY INJURY CAUSED BY A PRODUCT YOU PURCHASE FROM US.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in the Dispute Resolution section below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale without our prior written permission. We sell and ship only within the United States and its territories and possessions, and we do not accept orders for export.

  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at hydrosportmax.com/privacy-policy, governs the collection, use, disclosure and retention of all personal information collected from you in connection with your purchase of products through the Site, including your contact, order and payment details, and it is incorporated into these Terms by reference. Information we collect at checkout is used to process, ship and track your order, to handle payments, returns, refunds, warranty claims and claims for packages lost or damaged in transit, to provide customer service, to prevent fraud and to comply with law. We retain order records for the period stated in our Privacy Policy in order to meet legal, tax and accounting requirements.

Information about your purchase, including purchase activity and cookie and device identifiers, may be disclosed to our advertising and analytics partners through cookies and pixels on the Site, which some state privacy laws treat as a sale or sharing of personal information or as targeted advertising. You may opt out using the “Your Privacy Choices” and “Do Not Sell or Share My Personal Information” links in the Site footer, by emailing us with “Do Not Sell or Share” in the subject line, or by enabling a Global Privacy Control signal in your browser, and you do not need an account to opt out. Marketing emails are separate from the order, shipping and account emails we send in connection with a purchase, and you may unsubscribe from marketing emails at any time without affecting those transactional messages.

  1. Force Majeure. Neither party will be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s reasonable control, including: (a) acts of God; (b) flood, fire, earthquake, epidemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) carrier delays, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials or ingredients; or (i) other similar events beyond the reasonable control of the impacted party. If we are unable to ship your order because of such an event, we will notify you and you may cancel the affected items for a full refund.

  2. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. If the arbitration provisions below do not apply to you, including because you have opted out, or are held unenforceable, any claim that is not resolved informally will be heard exclusively in the state or federal courts located in Fulton County, Georgia, and you and we consent to their jurisdiction. Either of us may instead bring an individual claim in small claims court if it qualifies.

  3. Dispute Resolution and Binding Arbitration.

    1. YOU AND HYDROSPORT MAX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THIS SECTION GOVERNS ANY SUCH CLAIM AND CONTROLS OVER THE DISPUTE RESOLUTION PROVISIONS OF OUR WEBSITE TERMS OF USE. BEFORE STARTING AN ARBITRATION, YOU AND WE AGREE TO TRY IN GOOD FAITH TO RESOLVE THE MATTER INFORMALLY FOR 60 DAYS AFTER WRITTEN NOTICE THAT INCLUDES YOUR NAME, YOUR ORDER NUMBER, A DESCRIPTION OF WHAT HAPPENED AND THE RESOLUTION YOU ARE SEEKING.

  1. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s arbitration and arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

  1. You may elect to pursue your claim in small-claims court rather than arbitration if the claim qualifies. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  2. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HYDROSPORT MAX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. YOUR RIGHT TO OPT OUT OF ARBITRATION. You may reject this arbitration agreement. To do so, you must send us written notice at support@hydrosportmax.com, or at the mailing address in the Notices section below, within 30 days after you place your first order through the Site. Your notice must state your name, the email address and order number associated with your first order, and that you are opting out of arbitration. A notice sent within that period is effective, and it applies to all of your claims, including claims relating to later orders. We will not retaliate against you for opting out. If you opt out, the governing law and jurisdiction provisions above will apply to your claims, and no other provision of these Terms is affected.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign these Terms, in whole or in part, including in connection with a sale of our business or assets.

  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HydroSport Max.

  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  4. Notices.

    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. We do not give notice under these Terms by text message unless you have separately consented to receive text messages from us.

    2. To Us. To give us notice under these Terms, you must contact us by email at support@hydrosportmax.com and by personal delivery, overnight courier or registered or certified mail to Elliott Consumer Packaged Goods, LLC d/b/a HydroSport Max, 4920 Atlanta Highway, Suite 329, Alpharetta, GA 30004. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  6. Specific State Limits. If any provision of these Terms is void, unenforceable or inapplicable in the state where you reside, that provision does not apply to you, and the remaining provisions of these Terms continue to apply. Nothing in these Terms limits any liability that cannot be limited under applicable law, or any right you have as a consumer that cannot be waived.

  7. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.