These Terms and Conditions (the “Terms”) govern your access to and use of blkoutenergy.com, related digital services, and purchases from BLKOUT Energy Group LLC, a Florida limited liability company doing business as BLKOUT Energy (“BLKOUT,” “we,” “us,” or “our”). By using our website or placing an order, you agree to these Terms.
1. Eligibility and responsible use
You must be at least 18 years old, or the age of majority where you live, to place an order. You agree to provide accurate information and to use our website only for lawful purposes.
2. Energy drink notice
BLKOUT Energy products may contain caffeine. Review the product label before use. Energy drinks are not recommended for children, people who are pregnant or nursing, people sensitive to caffeine, or anyone advised by a healthcare professional to avoid caffeine. Do not exceed the labeled serving recommendation. Product information on this website is provided for general informational purposes and is not medical advice.
3. Products, availability, and pricing
We make reasonable efforts to display product descriptions, images, pricing, and availability accurately. Colors and appearance may vary by screen. We may correct errors, change offerings, limit quantities, cancel orders, or discontinue products at any time. Taxes, shipping charges, and any other applicable charges are shown at checkout.
4. Orders and payment
Your order is an offer to purchase. We may accept, reject, or limit an order, including for suspected fraud, resale, inventory limitations, pricing errors, or payment issues. An order confirmation acknowledges receipt and does not guarantee acceptance. Payment is processed by Shopify and other payment providers subject to their terms.
5. Preorders and coming-soon products
A “Coming Soon” label is informational and is not an offer for sale. If we later offer preorders, the estimated availability date is not guaranteed and may change. Any preorder-specific terms shown at checkout will control.
6. Shipping, returns, and refunds
Our Shipping Policy and Return Policy are incorporated into these Terms. Limited-release apparel and consumable beverage products are final sale except where required by law or when an item arrives damaged, defective, or incorrect. Report damaged or incorrect items within 48 hours of delivery.
7. Intellectual property
BLKOUT, BLKOUT Energy, the stylized B logo, product trade dress, artwork, photographs, copy, slogans, and website content are owned by or licensed to BLKOUT Energy Group LLC and are protected by intellectual-property laws. No license is granted except the limited right to use this website for personal, noncommercial purposes.
8. Prohibited conduct
You may not interfere with website security, scrape or copy content for commercial use, submit malicious code, impersonate another person, infringe rights, use our marks without written permission, or purchase products for unauthorized resale.
9. Third-party services
Our website may use or link to third-party services. Their terms and privacy practices govern their services. We are not responsible for third-party content or services outside our control.
10. Disclaimers and limitation of liability
To the fullest extent permitted by law, the website and its content are provided “as is” and “as available.” We disclaim implied warranties except those that cannot legally be excluded. To the fullest extent permitted by law, BLKOUT Energy Group LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the website or products. Nothing in these Terms limits rights or remedies that cannot legally be limited.
11. Indemnification
You agree to indemnify and hold BLKOUT Energy Group LLC and its personnel harmless from claims arising from your unlawful use of the website, violation of these Terms, or infringement of another party’s rights.
12. Governing law and disputes
These Terms are governed by Florida law, without regard to conflict-of-law rules. Unless applicable law requires otherwise, disputes will be brought in the state or federal courts located in Orange County, Florida. Before filing a claim, please contact us so we can try to resolve the issue.
13. Changes and contact
We may update these Terms by posting a revised version and date. Questions may be sent to info@blkoutenergy.com, 407-204-0786, or BLKOUT Energy Group LLC, 450 S Orange Avenue, 3rd Floor, Orlando, Florida 32801.
This Privacy Policy explains how BLKOUT Energy Group LLC d/b/a BLKOUT Energy (“BLKOUT,” “we,” “us,” or “our”) collects, uses, discloses, and protects personal information when you visit blkoutenergy.com, communicate with us, join our list, or purchase products.
Information we collect
We may collect identifiers and contact details; account and order information; payment-related information processed by payment providers; shipping and transaction details; communications and customer-service records; device, browser, cookie, and website-usage data; marketing preferences; and information you choose to provide.
How we collect information
We collect information directly from you, automatically through cookies and similar technologies, and from service providers such as Shopify, payment processors, shipping partners, analytics providers, advertising partners, and fraud-prevention services.
How we use information
We use personal information to operate and improve the website; process orders and payments; deliver products; provide support; communicate about launches and promotions with appropriate consent; personalize content; measure performance; prevent fraud and security incidents; comply with law; and protect our business and customers.
How we disclose information
We may disclose information to Shopify and vendors that help with hosting, payments, fulfillment, delivery, analytics, marketing, customer support, security, and professional services; to authorities or others when legally required or needed to protect rights and safety; and in connection with a financing, merger, acquisition, or business transfer. We do not sell personal information for money. Some advertising or analytics activity may be treated as “sharing,” “sale,” or targeted advertising under certain state laws.
Cookies and analytics
We and our providers use cookies and similar technologies for essential website functions, preferences, analytics, security, and—where enabled—advertising. See our Cookie Policy and use the cookie banner or Your Privacy Choices page to manage available choices.
Marketing communications
You may unsubscribe from marketing emails using the link in any message. Transactional or service communications may still be sent when necessary. We do not send marketing messages without the permissions required by applicable law.
Retention and security
We retain information for as long as reasonably necessary for the purposes described above, including legal, accounting, fraud-prevention, and dispute-resolution needs. We use reasonable administrative, technical, and physical safeguards, but no system is completely secure.
Your privacy rights
Depending on where you live, you may have rights to request access, correction, deletion, portability, or restriction of personal information; opt out of certain targeted advertising, sale, sharing, or profiling; withdraw consent; and appeal a decision. We may verify your identity and may honor requests submitted by an authorized agent where required. We will not discriminate against you for exercising applicable privacy rights.
Children
Our website and products are not directed to children under 13, and we do not knowingly collect personal information from children under 13. Contact us if you believe a child has provided personal information.
International visitors
Information may be processed in the United States and other locations where our providers operate. Where required, we rely on appropriate legal mechanisms for international transfers.
Contact and requests
Submit privacy questions or requests through Your Privacy Choices, email info@blkoutenergy.com, call 407-204-0786, or write to BLKOUT Energy Group LLC, 450 S Orange Avenue, 3rd Floor, Orlando, Florida 32801.
This Cookie Policy explains how BLKOUT Energy uses cookies and similar technologies on blkoutenergy.com.
What cookies are
Cookies are small files stored on a device. Similar technologies include pixels, tags, local storage, and software development kits.
How we use them
Essential cookies support security, checkout, cart, account, and core site functions. Preference cookies remember choices. Analytics cookies help us understand site performance. Advertising cookies, when enabled and permitted, help measure campaigns and personalize advertising.
Your choices
Use the cookie banner or Your Privacy Choices to manage available settings. You can also control cookies in your browser. Blocking essential cookies may prevent parts of the store from working. Browser-based opt-out signals are honored where required by applicable law and supported by our systems.
Third parties and updates
Shopify and other service providers may set cookies under their own policies. The specific technologies in use may change as our services evolve. We will update this policy when material changes occur.
BLKOUT Energy is committed to providing a website that is usable by the widest possible audience, including people with disabilities. We are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA.
Our approach
We aim to provide keyboard access, visible focus indicators, meaningful headings, alternative text, sufficient contrast, understandable forms, reduced-motion support, and responsive layouts. Accessibility is an ongoing effort as products, content, and technology change.
Need assistance?
If you experience a barrier, need information in another format, or need help placing an order, contact us at info@blkoutenergy.com or 407-204-0786. Please describe the page, feature, and assistive technology involved if possible. We will make reasonable efforts to assist and address the issue.
Feedback
We welcome feedback and review accessibility concerns as part of our ongoing website improvements.
This Shipping Policy applies to orders placed with BLKOUT Energy through blkoutenergy.com.
Order processing
In-stock orders are generally prepared for shipment within 2–5 business days, excluding weekends, holidays, preorder items, and high-volume launches. Processing estimates are not guarantees.
Shipping rates and delivery
Available shipping methods, rates, and estimated delivery windows are shown at checkout. Delivery times begin after carrier acceptance and may be affected by weather, carrier conditions, address issues, or events outside our control.
Address accuracy
Customers are responsible for providing a complete and accurate address. Contact us promptly if a correction is needed. We cannot guarantee changes after fulfillment begins. Additional costs caused by an incorrect address or refused shipment may be deducted from any available refund where permitted by law.
Tracking, loss, and damage
Tracking information will be sent when available. If a package is marked delivered but missing, first check the delivery location and contact the carrier. Report damaged, missing, or incorrect shipments to info@blkoutenergy.com within 48 hours of delivery or the carrier’s delivery notice, with the order number and clear photos when applicable.
Shipping area
Shipping availability is determined at checkout. International customers are responsible for applicable duties, taxes, and import restrictions unless checkout states otherwise.
We want every BLKOUT order to arrive correctly and in excellent condition. Because BLKOUT apparel is limited release and beverages are consumable products, all sales are final except where required by law or as stated below.
Final-sale items
Apparel, beverages, promotional items, and limited drops are not eligible for return or exchange for preference, fit, flavor, or change of mind. Review product descriptions and sizing before ordering.
Damaged, defective, or incorrect items
Contact info@blkoutenergy.com within 48 hours of delivery. Include your order number, a description, and clear photos of the item, packaging, and shipping label. Keep all packaging until the claim is resolved. If approved, we may replace the item, issue store credit, or refund the affected item and applicable shipping charges.
Order cancellations
Contact us immediately. We may cancel an order before fulfillment begins, but cancellation is not guaranteed. Orders already fulfilled or shipped cannot be canceled.
Refund timing
Approved refunds are issued to the original payment method. Financial institutions may require additional processing time. Original shipping charges are not refundable unless the order was damaged, defective, or incorrect, or applicable law requires otherwise.
BLKOUT Energy Group LLC protects the authenticity, quality, safety, and reputation of BLKOUT Energy products and brand assets.
Authentic products
Purchase from blkoutenergy.com or an authorized BLKOUT retailer, venue, hospitality partner, or distributor. We cannot verify products from unauthorized marketplaces or resellers.
Protected brand assets
BLKOUT, BLKOUT Energy, the stylized B logo, “Energy for the After-Hours,” product packaging, trade dress, photography, artwork, and other brand materials may be protected by trademark, copyright, trade-dress, and unfair-competition laws. No use, reproduction, modification, domain registration, social handle, endorsement claim, or commercial distribution is permitted without written authorization.
No unauthorized resale or affiliation
Buying BLKOUT products does not authorize resale, distribution, sponsorship claims, or use of BLKOUT branding. We may refuse or cancel orders suspected of unauthorized resale, diversion, counterfeiting, fraud, or abuse.
Report suspected counterfeits or misuse
Email info@blkoutenergy.com with the subject “Brand Protection.” Include the seller or venue name, URL or location, photos, product codes if available, purchase details, and why the item or use appears unauthorized. Do not send suspected product to us unless instructed.
Depending on your location, you may have rights concerning your personal information, including access, correction, deletion, portability, restriction, appeal, or opting out of certain targeted advertising, sale, sharing, or profiling.
Cookie and advertising choices
Use the store’s cookie banner or privacy-preferences control to manage non-essential cookies where available. You may also use browser privacy controls and supported opt-out preference signals.
Submit a request
Email info@blkoutenergy.com with the subject “Privacy Request,” call 407-204-0786, or write to BLKOUT Energy Group LLC, 450 S Orange Avenue, 3rd Floor, Orlando, Florida 32801. State the right you wish to exercise and the state or country where you live. We may request information necessary to verify your identity. Authorized agents may submit requests where allowed by law.
Appeals
If we deny a request, you may appeal by replying to our decision with “Privacy Appeal” in the subject line. We will respond within the period required by applicable law.
BLKOUT Energy began with a simple belief: the energy drink category has room for a more distinctive experience.
Josh Ellison, Founder and CEO of BLKOUT Energy, created the brand to offer a premium alternative—one that brings bold flavor, considered design, and the atmosphere of the after-hours together.
That vision takes shape in Midnight Berry: bold blue raspberry with a clean, crisp finish and a subtle pineapple note. It is a flavor designed to stand on its own, paired with a black-and-chrome identity that makes BLKOUT immediately recognizable.
Based in Orlando, Florida, BLKOUT Energy is being built for a wide range of settings, from restaurants and lounges to bars, nightclubs, hotels, resorts, and VIP table service. The ambition is to make a premium energy drink feel at home wherever people gather, connect, and keep their night moving.
Under Ellison’s leadership, BLKOUT’s focus is clear: create a distinctive addition to the energy drink category, with the flavor and presence to earn its place.
For restaurants, bars, nightclubs, lounges, VIP and table service, hotels, resorts, retail, distribution, or brand collaborations, select “Partnership” in your message.
Available NowMidnight Berry energy drink can and front and back views of the black Luxury Activated tee.
