Customers must inspect all Bulk Order deliveries whether shipped standard parcel or LTL upon receipt. Any damage must be reported within five (5) business days, including: 

  • Supporting documentation (e.g., photos, packing slips)
  • Direct notification to the LTL carrier to initiate claims in accordance with their procedures

Customers are responsible for unreported or post-delivery damage.  

Gatorade is not liable for any damages, including any indirect, incidental or consequential damages, resulting from: 

•Delayed shipments 

•Refused deliveries 

•Damaged goods 

•Errors or omissions 

Revocation of Bulk Order Rights 

Gatorade may, at its sole discretion and without prior notice: 

•Modify, suspend, or revoke any Bulk Order privileges, including but not limited to the unauthorized resale of Gatorade products, sales tax exemption status, shipping preferences, account access, or promotional eligibility; 

•Refuse, cancel, or delay fulfillment of any Bulk Order if we determine that a user has violated these Terms or any of our policies, submitted false or misleading information, or engaged in conduct inconsistent with our policies or applicable laws; 

•Update or discontinue any feature, service, or offering on Gatorade.com or affiliated websites at any time; 

•Restrict or terminate access to our platforms or services for any reason, including suspected fraud, abuse, or noncompliance with applicable tax or regulatory requirements. 

Users acknowledge and agree that Gatorade shall not be liable for any loss or damages resulting from the exercise of these rights. 

Customer Support 

For assistance with any issues related to a Bulk Order please contact the Customer Care team at https://contact.pepsico.com/Gatorade. 

  1. Gatorade.com Promotions

Some discount codes that offer discounts on Gatorade.com merchandise may carry certain restrictions. Please refer to the specific Gatorade program that generated the code for full information about restrictions or limitations including but not limited to whether or not that code can be combined with other discount codes or promotions at Gatorade.com. If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page or we will otherwise notify you. 

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through Gatorade.com may be governed by rules that are separate from or supplement these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to the applicable Promotion. 

  1. Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property or other proprietary rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. 

In addition, you are prohibited from using the Site: (a) for any unlawful purpose or to violate any law; (b) to collect, post or track the personal information of others; (c) to spam, phish, pharm, pretext, spider, crawl, or scrape; (d) for any obscene or immoral purpose; and/or (e) to interfere with or circumvent the security features of the Site or any other computer software, hardware, or equipment. 

You grant PepsiCo and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display and otherwise exploit any material and information, including without limitation, any content, ideas, concepts, images, names, and any other likeness, you submit through the Site throughout the world in any media.  We may receive personal information through this Site. Please visit our Privacy Policy for information about how we handle your information. You represent and warrant that you own or otherwise have all the rights to all of the content you submit and grant under these Terms of Service; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify PepsiCo for all claims resulting from all content you supply. 

  1. Disclaimers; Limitation of Liability

PEPSICO MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE CONTENT, OR ANY OTHER MATERIALS OR FEATURES ON THE SITE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOUR USE OF THIS SITE AND RELIANCE OF ANY SUCH MATERIALS WILL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS. PEPSICO MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR ANY OTHER MATERIALS ON THE SITE WILL BE PRESERVED. PEPSICO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE INFORMATION AND SOFTWARE THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. If you download any material from this Site, you do so at your own discretion and risk. You are responsible to take customary precautions against computer viruses, inaccuracies, typographical errors or other defects, applications or any other material or information on or made available through the Site, and you are also responsible for any damage to your computer system or loss of data that results from the download of Content or any other material on the Site. 

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION AND SOFTWARE CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PEPSICO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PEPSICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THIS PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PEPSICO’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR THE INDEMNIFIED ENTITIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. 

  1. Indemnification

You agree to defend, indemnify and hold PepsiCo and the Indemnified Entities harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your and your dependent’s use of the Site or a breach of the Terms of Service. 

  1. Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Gatorade by PepsiCo and its parent company, affiliates and subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Gatorade by PepsiCo. 

  1. Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from PepsiCo’s historical experience and our present expectations or projections. PepsiCo undertakes no obligation to publicly update or revise any forward-looking statements. 

  1. Third-Party Sites and Third-Party Content

Certain areas of the Site and our payment processing functions may be operated on behalf of PepsiCo by third parties and may be subject to the terms of use and/or privacy policies of those parties. PepsiCo is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas or receive services operated by third parties. 

Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review. 

Some of the content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any such content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by a third party will be at your own risk. You expressly agree to hold PepsiCo harmless for any claims of damage arising from any such content, product, or service provided by any third party. 

  1. Trademarks

The trademarks displayed on the Site are registered and unregistered trademarks of PepsiCo, Inc. and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark on the Site in violation of these Terms of Service, PepsiCo and its licensors may aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 

  1. Privacy

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. We respect your privacy and the use and protection of your personal information. Please see the Privacy Policy for important information and disclosures relating to our information collection and use practices. 

  1. Applicable Law and Jurisdictional Matters

These Terms of Service are governed and interpreted under the laws of the state of New York, United States of America. By using this Site, you consent to the jurisdiction of the federal and state courts located in New York for any action or dispute arising from or in connection these Terms of Service. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS. These terms operate to the fullest extent permissible by law. 

If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.  PepsiCo’s failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit PepsiCo’s rights with respect to such breach or any subsequent breaches. 

These Terms of Service constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and PepsiCo and is accepted by you upon your use of the Site or your account. These Terms of Service constitute the entire agreement between you and PepsiCo regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service. 

  1. Subscription Terms and Conditions

Subscription Terms and Conditions 

By selecting to receive our subscription services, you agree to these terms and conditions (“Subscription Terms”) that govern, our subscription ordering program (“Subscription”). These Subscription Terms, including the Terms of Service, constitute the entire agreement between you and PepsiCo, Inc. (“PepsiCo”) relating to our Subscription program. Please note that your Subscription is governed by these Subscription Terms and our Terms of Service, which are incorporated into these Subscriptions Terms, and include disclaimers of warranties, damage and remedy exclusions and limitations, a choice of New York law. By enrolling in our Subscription program, you accept such terms, conditions, limitations, and requirements. Please read these Subscription Terms carefully as well as our Privacy Policy that describes how we handle your personal information before enrolling. 

  1. Cancellation

You may cancel your Subscription at any time by visiting “My Subscriptions” which can be found on your Account. Click on “Cancel Subscription” to cancel your Subscription. Submit your online cancellation no later than the day before your scheduled shipment date (e.g., before 11:59pm ET the day before your scheduled shipment date) to avoid charges for that order. 

  1. Subscription Benefits

When you enroll in our Subscription program, you are signing up for automatic, continuous shipments of the products you choose based on the frequency you select. You may change your shipping address, and payment method by adjusting the settings in your account. Changes within 24 hours of your scheduled shipment may not apply, until your subsequent order. 

PepsiCo reserves the right to change Subscription benefits at any time in its sole discretion subject to applicable laws. From time to time, components of the Subscription program, including price, promotions, taxes, availability, and shipping charges may change over the course of your Subscription. Products are available while supplies last. 

  1. Notifications; Automatic Order Creation; Order Changes

When you place your initial order and enroll in our Subscription program, you authorize us to send you information about the Subscription program. We will send a confirmation notice that you successfully enrolled in the Subscription and that your initial order will be processed. Your Subscription will automatically create subsequent orders according to your selected delivery schedule, until you modify or cancel your Subscription as described in these Subscription Terms or as otherwise communicated. 

For subsequent orders, you will receive a pre-shipment email notification reminding you of your upcoming shipment, the period available to cancel your order and the scheduled shipment date. You can edit your shipping address and method of payment or cancel your order prior to 11:59pm ET the day preceding your designated shipment date. 

  1. Credit Card Authorizations and Charges

When you sign up for a Subscription, you agree to and authorize PepsiCo to collect an amount up to your initial Subscription order from the payment method(s) we have on file for you on a recurring basis, without notice. For clarity, PepsiCo will submit periodic charges based on your Subscription schedule (e.g., monthly) and may do so without further notice or authorization from you, except as otherwise stated under these Subscription Terms or required by applicable laws. Your payment method will be charged on the shipment date and you may not be entitled to a refund, if you fail to cancel your subscription prior to the shipment date.  

  1. Billing; Pricing; Payment

Products, promotions, fees, taxes, and other costs may vary from time to time. For each subsequent order, we will send a pre-shipment notification prior to charging you. The total amount you will ultimately be charged for an order will be disclosed in the pre-shipment notification or lower if the price of the product is lower on our site as of the time your order is authorized. Once your order has shipped, your payment method associated with your account will be billed this amount. You remain responsible for any uncollected amounts. If you wish to make changes to your payment method, visit your account settings to set your preferences. If all payment methods are declined, you must provide an eligible payment method promptly or your Subscription may be canceled. You authorize us to continue to charge any payment method, including updated methods, associated with your account. 

YOUR SUBSCRIPTION WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED. YOU CAN CANCEL AT ANY TIME VIA MY SUBSCRIPTIONS, WHICH CAN BE FOUND IN YOUR ACCOUNT. 

  1. Changes to Subscription Terms

We may, in our sole discretion, change these Subscription Terms, with or without notice to you. We will notify you electronically of material changes to these Subscription Terms as required by applicable law. If any change to these Subscription Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. EXCEPT WHERE PROHIBITED BY LAW, YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE SUBSCRIPTION TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION. 

  1. Miscellaneous

We may, in our sole discretion, terminate or suspend your Subscriptions at any time without notice. If we do so, you will be charged for orders that have been shipped. Products are only available for shipping within the forty-eight (48) contiguous US states. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits or obligations to any third party without our express authorization. Subscriptions are void where prohibited. You may contact us with questions at the contact information below.