Terms of Use

Last updated: October 30, 2026, 2026

Agreement to these Terms

These Terms of Use (“Terms”) govern your access to and use of hydrosportmax.com, including any content, functionality and services offered on or through it (the “Site”), whether you visit as a guest or as a registered user. The Site is operated by Elliott Consumer Packaged Goods, LLC, a Georgia limited liability company doing business as HydroSport Max (“HydroSport Max,” “we,” “us” or “our”). Purchases of our products through the Site are governed by our separate Terms and Conditions of Sale, available at hydrosportmax.com/pages/terms-of-sale (the “Terms of Sale”). These Terms govern this Site only, and 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 and policies.

By checking the box to accept these Terms at the cart or at checkout, or by otherwise accessing or using the Site, including by creating an account or by placing an order through an accelerated checkout or digital wallet such as Shop Pay or Apple Pay, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. Our Terms of Sale are also incorporated into these Terms by reference and govern all purchases you make through the Site. If you do not agree to these Terms, you must not access or use the Site. Please read the “Disputes” section carefully, because it explains how any disagreement between us will be resolved and limits the time you have to bring a claim.

Where we present a cookie or consent banner on the Site, selecting the option to agree in that banner is also acceptance of these Terms and of our Privacy Policy, each of which is linked in the banner and in the Site footer.

We may revise these Terms from time to time by posting a new version here with a new “Last updated” date. Changes apply prospectively only, to your access to and use of the Site after they are posted, and will not apply to any dispute of which either of us has notice on or before the date the change is posted. If we make a material change, we will give notice by posting a notice on the Site, by email where we have your address, or both, and where practical we will ask you to accept the revised Terms the next time you sign in. Your continued use of the Site after the effective date of a change means you accept it.

Eligibility

The Site is offered and available to users who are at least 18 years old, or the age of majority where they live, and who reside in the United States or its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and that you meet these requirements. If you do not meet them, you must not access or use the Site. The Site is not directed to children under 13, and we do not knowingly collect personal information from them. We make no claim that the Site or its content is appropriate or available outside the United States, and if you access the Site from outside the United States you do so on your own initiative and are responsible for compliance with local law.

Reliance on information posted

The information presented on or through the Site, including articles such as Training Notes, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, it is not medical advice, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you, by any other visitor to the Site, or by anyone who may be informed of their contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors. All statements and opinions expressed in those materials, and all articles and responses to questions and other content other than content we provide, are solely the opinions and the responsibility of the person or entity providing them and do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.

What athletes, partners and customers say about the product reflects their own experience and is not a promise that you will have the same experience. HydroSport Max is not affiliated with, sponsored by or endorsed by any professional or college sports league, team or governing body unless we say so.

Online purchases

All purchases of products through the Site are governed by the Terms of Sale, which are incorporated into these Terms by reference. The Terms of Sale state the shipping, return and refund terms that apply to your order, and they control over any conflicting shipping, return or refund policy posted on the Site. Additional terms and conditions may also apply to specific portions, services or features of the Site, including promotions, giveaways and subscription programs, and all such additional terms and any other policies or guidelines we post on the Site are incorporated into these Terms by reference.

Accounts

If you create an account, you must keep your login details confidential, and you may not share them or let anyone else use your account. You are responsible for all activity under your account. Tell us right away at support@hydrosportmax.com if you believe your account has been used without permission or your credentials have been compromised. We may disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if we believe you have violated these Terms, and we may suspend or close accounts that break these Terms.

You are responsible for making all arrangements necessary for you to access the Site, and for ensuring that everyone who accesses the Site through your internet connection is aware of these Terms and complies with them. You agree to exit from your account at the end of each session and to use particular caution when accessing your account from a public or shared computer.

Reviews and content you share

  • You may share reviews, comments, photos, videos and other content with us or about us (“Your Content”). You keep ownership of Your Content. You grant us and our affiliates, service providers, licensees, successors and assigns a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, adapt, create derivative works of, publish, perform, display and distribute Your Content in any media in connection with HydroSport Max, including in marketing and advertising, without further notice, attribution or payment to you. Any Your Content you post publicly is treated as non-confidential and non-proprietary. We will ask your permission before using your name, image or likeness in paid advertising.

  • Your Content must reflect your honest experience and must comply with these Terms and all applicable law. It must not be false, misleading, deceptive, defamatory, obscene, harassing, hateful, unlawful or infringing of anyone’s intellectual property, publicity or privacy rights, and it must not include anyone else’s personal information. If you received free product, payment, a discount, an entry into a giveaway or any other benefit from us, or if you have any other material connection to us, you must clearly and conspicuously disclose it in your post. You represent and warrant that you own or control all rights in Your Content and may grant the license above.

  • Your Content must not promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, must not promote or assist any illegal activity, must not involve commercial activity, contests, sweepstakes or other sales promotions, and must not give the impression that it comes from us or is endorsed by us when that is not the case.

  • We may remove content that breaks these Terms. We don’t remove reviews just because they’re negative, and nothing in these Terms limits your right to post an honest review of us anywhere.

  • If you send us ideas or feedback, we may use them without any obligation to you.

  • We may, but are not obligated to, monitor, screen, review, edit or remove Your Content, and we do not review all content before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. We may disclose your identity and other information about you to a third party who claims that content you posted violates their rights, and we may cooperate with law enforcement and comply with court orders. You waive and hold harmless HydroSport Max and its affiliates, licensees and service providers from any claims resulting from any action taken during, or as a consequence of, investigations by us or by law enforcement authorities. We assume no liability for any action or inaction regarding content provided by you or any other user.

  • You are solely responsible for Your Content, including its legality, reliability, accuracy and appropriateness, and we are not responsible or liable to any third party for content you or any other user posts.

Intellectual property

The Site and its entire contents, features and functionality, including text, graphics, logos, photos, video, audio, product designs and the selection and arrangement of them, belong to HydroSport Max or our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. HydroSport Max, the HydroSport Max logo and our taglines are our trademarks, and all other names, logos and marks on the Site are the trademarks of their respective owners. We grant you a limited, revocable, personal, non-exclusive, non-transferable license to access and view the Site for your own personal, non-commercial use. You may not copy, reproduce, modify, distribute, publicly display, create derivative works of or sell any part of the Site, or use our trademarks, without our prior written permission. No right, title or interest in the Site or its content is transferred to you, and all rights not expressly granted are reserved.

Your browser or device may temporarily store or cache copies of Site materials incidental to your accessing and viewing them, and you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. You may use any social media features we provide only as they are enabled by those features and only with respect to the content they are displayed with. You must not modify copies of any materials from the Site, use any photograph, video or graphic separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary notice. If you use any part of the Site in breach of these Terms, your right to use the Site ends immediately, and you must, at our option, return or destroy any copies you have made.

Things you agree not to do

You agree not to:

  • Use the Site for anything unlawful or fraudulent.

  • Buy products to resell them without our written permission.

  • Use bots, scrapers or other automated tools to buy products or collect data from the Site.

  • Interfere with the Site’s security or operation, or upload viruses or harmful code.

  • Pretend to be someone else, or harass anyone.

  • Misuse any discount code, promotion or giveaway offered through the Site.

  • Violate any applicable federal, state, local or international law or regulation.

  • Infringe or misappropriate anyone’s copyright, trademark, trade secret, publicity, privacy or other rights.

  • Collect or harvest personal information about other users, or send unsolicited advertising, chain letters or spam through the Site.

  • Frame, mirror, deep link to or display any part of the Site on another site, or link to the Site in a way that suggests any association, approval or endorsement by us without our written consent.

  • Attempt to gain unauthorized access to, or disrupt, any part of the Site, the servers on which it is stored, or any connected system, including by denial-of-service attack.

Other websites and services

The Site and our emails may link to or use services, sites, apps and platforms run by others, such as social media pages, sales channels and payment providers. Those third parties have their own terms and privacy policies, which apply to your use of them, and we are not responsible for their content or their practices. Our store runs on Shopify, which processes information to provide its services to us, and if you use Shop Pay or the Shop app, Shopify’s own consumer privacy terms also apply to that use. Please review the terms and privacy policies of any third party before using it.

Linking to the Site and social media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part without our written consent, link from any website you do not own, or link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately, and we may withdraw linking permission and disable any social media feature or link at any time without notice.

Information about you and your visits to the Site

All information we collect on the Site is subject to our Privacy Policy, available at hydrosportmax.com/privacy-policy, which is incorporated into these Terms by reference, and by using the Site you consent to all actions we take with respect to your information in compliance with the Privacy Policy. All registration and other information you provide through the Site must be correct, current and complete. Please tell us right away at support@hydrosportmax.com if you learn of any unauthorized access to your account or use of your login information.

We and our partners use cookies, pixels and similar technologies on the Site to operate the store and cart, remember your preferences, understand how the Site is used, and show and measure advertising. We do not sell your personal information for money, but we do disclose information such as purchase activity and cookie and device identifiers to advertising and analytics partners through cookies and pixels, 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. The Privacy Policy describes these technologies, your rights and how to exercise them in full, and it controls if anything in this section differs from it.

Marketing emails are separate from the order, shipping, account and other transactional messages we send. If you have signed up for marketing emails, you may unsubscribe at any time using the link in any marketing email or by emailing us, and doing so will not stop the messages we send about your orders or your account. We do not send marketing text messages, and we will not do so unless you separately consent to receive them. The Site is not directed to children under 13, we do not knowingly collect personal information from them, and we do not knowingly sell or share the personal information of anyone under 16.

Changes to the Site

We may change, suspend or withdraw the Site, or any content, feature or product offered through it, at our discretion and without notice. Content on the Site may be out of date at any given time, and we are under no obligation to update it. We will not be liable if all or any part of the Site is unavailable at any time or for any period.

Copyright complaints

If you believe content on the Site infringes your copyright, send a written notice to our designated copyright agent: Copyright Agent, Elliott Consumer Packaged Goods, LLC d/b/a HydroSport Max, 4920 Atlanta Hwy Suite 329, Alpharetta, GA 30004, support@hydrosportmax.com. Your notice must include the information required by the Digital Millennium Copyright Act, including identification of the copyrighted work you claim has been infringed, identification of the material you claim is infringing and its location on the Site, your name, address, telephone number and email address, a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, a statement that the information in the notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the owner’s behalf, and your physical or electronic signature. It is our policy to terminate the accounts of repeat infringers.

Accessibility

We want the Site to be usable by everyone. If you have difficulty using any part of the Site, email support@hydrosportmax.com and tell us what you encountered so we can try to help and improve. If you need these Terms or our Privacy Policy in another format, such as large print or audio, email us and we will make reasonable efforts to accommodate you.

Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS STATED IN THESE TERMS, IN OUR TERMS OF SALE OR ON THE PRODUCT LABEL, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise that the Site will always be available, secure, uninterrupted or free of errors, or that the Site or the servers that make it available are free of viruses or other harmful components, and you are responsible for your own virus protection and data backup. Some states do not allow implied warranties to be disclaimed, so parts of this section may not apply to you, and this section does not affect any warranty that cannot be excluded or limited under applicable law.

Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, HYDROSPORT MAX AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, OTHER THAN A CLAIM ARISING FROM YOUR PURCHASE OF A PRODUCT, WILL NOT BE MORE THAN $100. OUR LIABILITY FOR ANY CLAIM ARISING FROM YOUR PURCHASE OF A PRODUCT IS GOVERNED BY THE TERMS OF SALE. This section does not apply to liability for our gross negligence or willful misconduct, or to death or bodily injury caused by a product you purchase from us.

Nothing in these Terms limits any liability that can’t be limited under applicable law, or any rights you have as a consumer that can’t be waived.

Indemnification

You agree to defend, indemnify and hold harmless HydroSport Max and its affiliates, owners, officers, employees, agents, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms, Your Content, your use of the Site in a way not authorized by these Terms, or your use of any information obtained from the Site. This obligation does not apply to the extent a claim arises from our own negligence or willful misconduct. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense and not to settle any claim without our prior written consent.

Disputes

Talk to us first. If you have a concern, email support@hydrosportmax.com with your name, a description of what happened and the resolution you are seeking. Most issues can be solved quickly this way. You and we agree to try in good faith to resolve the matter for 60 days after that notice before either of us starts an arbitration or a court proceeding, and this requirement does not prevent either of us from seeking injunctive relief to protect intellectual property or to stop ongoing harm.

Governing law. These Terms are governed by the laws of the State of Georgia and applicable U.S. federal law, without regard to conflict of law rules.

Arbitration and class action waiver. Any dispute that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in a class, collective or representative proceeding. Any dispute arising from or relating to your purchase of products through the Site is governed by the arbitration and class action waiver provisions of the Terms of Sale, and this section governs all other disputes. You and we each waive any right to a jury trial and to participate in a class action. We will be responsible for paying any individual consumer’s arbitration and arbitrator fees. Either of us may bring an individual claim in small claims court if it qualifies. You may reject this arbitration agreement by sending us written notice at support@hydrosportmax.com, or at the mailing address in the “Contact us” section, within 30 days after you first accept these Terms or, if later, within 30 days after you place your first order through the Site, stating your name, the email address you used and that you are opting out of arbitration. A notice sent within that period is effective for all of your claims under these Terms and under the Terms of Sale, we will not retaliate against you for opting out, and if you opt out the court provisions below apply to your claims.

Where claims are heard. If the arbitration provisions above 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 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.

Time to bring a claim. To the extent the law allows, any claim arising out of or relating to these Terms or the Site must be commenced within one year after the cause of action accrues, and is otherwise permanently barred. This limitation does not apply to any claim for death or bodily injury caused by a product you purchase from us, or to any claim where a shorter limitations period is prohibited by applicable law.

General terms

  • Whole agreement. These Terms, together with our Privacy Policy and any other policies or guidelines we post on the Site, are the entire agreement between you and us about the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties about the Site. Your purchases are governed by the Terms of Sale.

  • If part is invalid. If any part of these Terms can’t be enforced, the rest stays in effect.

  • No waiver. If we don’t enforce a part of these Terms, that doesn’t mean we give up the right to enforce it later.

  • Transfer. We may transfer our rights and obligations under these Terms, for example as part of a sale of our business. You may not transfer yours without our written consent.

  • Events beyond our control. We’re not responsible for delays or failures caused by events outside our reasonable control, such as carrier delays, severe weather, supply shortages or outages.

  • Electronic communications. You agree that notices and other communications we send electronically meet any legal requirement that they be in writing.

  • Ending access. We may suspend or end your access to the Site if you break these Terms. Sections that by their nature should continue, such as Disclaimers, Limitation of liability and Disputes, continue after that.

  • Specific state limits. If any provision of these Terms is void, unenforceable or inapplicable in the state where you live, that provision does not apply to you, and the rest of these Terms continue to apply.

  • Notices. We may give you notice by email to the address associated with your account or order, or by posting on the Site. We do not give notice under these Terms by text message unless you have separately consented to receive text messages from us. You must send notices to us at the email and mailing address in the “Contact us” section.

  • Headings and interpretation. Headings are for convenience only and do not affect the meaning of these Terms, and “including” means including without limitation.

  • No third-party beneficiaries. These Terms do not create any rights in favor of anyone other than you and us, except for the indemnified parties identified above.

Contact us

Questions about these Terms:

  • Elliott Consumer Packaged Goods, LLC d/b/a HydroSport Max

  • 4920 Atlanta Hwy Suite 329, Alpharetta, GA 30004

  • Email: support@hydrosportmax.com