Effective May 22, 2026: The legal entity operating the Brookhaven Performance brand is Brookhaven Farms LLC. References below to the operating company refer to Brookhaven Farms LLC. Prior versions of this policy used the legal name "Brookhaven Performance LLC."

Terms of Service

Last updated: May 1, 2026

1. Introduction

Welcome to Brookhaven. These Terms of Service (the "Terms") govern your access to and use of the website at brookhavensupplements.com, any related subdomains, and the products, content, features, and services we make available through them (collectively, the "Services"). The Services are operated by Brookhaven Farms LLC, a Tennessee limited liability company headquartered in Johnson City, TN ("Brookhaven," "we," "us," or "our").

By visiting the Services, creating an account, or placing an order, you agree to these Terms, our Privacy Policy, our Refund Policy, and our Shipping Policy, all of which are incorporated by reference. If you do not agree, do not use the Services.

These Terms contain a binding individual arbitration provision and class-action waiver in Section 17. They affect your legal rights. Read them carefully. You may opt out within 30 days as described in Section 17.E.

2. Eligibility & Account

A. Age

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to purchase from the Services. By using the Services you represent that you meet this requirement.

B. Account registration

You may browse without an account, but checkout, subscriptions, and order history require one. You agree to provide accurate, current information; to keep your password confidential; and to notify us promptly at performance@brookhavenfarms.net of any unauthorized use. You are responsible for all activity under your account.

C. One account per person

Accounts are personal and non-transferable. We may suspend or terminate accounts that share credentials, are used to circumvent these Terms, or are used to abuse promotions or refund policies.

3. Products & Availability

Brookhaven sells dietary supplements, including ancestral organ-complex formulations and related performance products. We make commercially reasonable efforts to display accurate descriptions, ingredients, label imagery, and pricing on the Services, but we do not warrant that product information is error-free or complete.

Product availability, pricing, formulations, and packaging may change without notice. We reserve the right to limit quantities, refuse or cancel orders (including orders that have been confirmed and charged), correct errors, and discontinue products at any time.

4. Orders, Payment & Taxes

A. Order acceptance

An order placed through the Services constitutes an offer to buy. We accept the offer when we send a shipment confirmation email, not when we send an order-received email and not when your payment method is charged or pre-authorized. Until shipment confirmation, we may decline or cancel an order for any lawful reason, including suspected fraud, pricing error, sourcing constraint, or shipping restriction.

B. Payment methods

We accept the payment methods displayed at checkout. By submitting payment information you represent that you are authorized to use the payment method and authorize us (and our payment processors, including Shopify Payments and, for subscription orders, Recharge) to charge the full amount of your order, including taxes and shipping, to that method.

C. Taxes

You are responsible for all applicable sales, use, value-added, excise, and similar taxes, except those taxes based on Brookhaven's net income. Where required, we will collect such taxes at checkout based on the destination address you provide.

D. Pricing errors

If a product is listed at an incorrect price due to a typographical, system, or supplier error, we reserve the right to refuse or cancel any orders placed at the incorrect price, even if the order has been confirmed and your payment method charged. In that case we will refund the affected charges.

5. Health & Safety

A. Dietary supplements, not drugs

Our products are dietary supplements. They are not intended to diagnose, treat, cure, or prevent any disease. Statements made on the Services about our products have not been evaluated by the U.S. Food and Drug Administration (FDA).

B. Consult your physician

Always consult a qualified healthcare provider before starting any new supplement, especially if you are pregnant or nursing, planning to become pregnant, under 18, taking prescription medication, have a known medical condition, or have any allergy or sensitivity. Discontinue use and seek medical attention if you experience an adverse reaction.

C. Allergens & sourcing

Our products contain animal-derived ingredients (including bovine organ tissue) sourced from regenerative grass-fed cattle in the United States. Although we manufacture in cGMP-certified facilities and conduct third-party testing, we cannot guarantee that products are free from cross-contact with allergens not listed on the label. Review the Supplement Facts panel and ingredient list before use.

D. Individual results vary

Testimonials, reviews, and case studies on the Services reflect the experience of specific individuals and are not promises of outcomes. Results vary by person, baseline health, diet, training, sleep, and other factors outside our control.

E. FDA disclaimer

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

6. Shipping

Shipping terms, carriers, transit times, and any restrictions on destinations are described in our Shipping Policy, which is part of these Terms. Title and risk of loss for products pass to you upon delivery to the carrier.

7. Returns & Refunds, 90-Day Money-Back Guarantee

Brookhaven stands behind every product. If you are not satisfied within 90 days of delivery, you may request a refund as described in our Refund Policy. The Refund Policy controls the specifics of how refunds are issued (including whether the original product must be returned, how shipping costs are handled, and applicable exceptions). The Refund Policy is part of these Terms.

We may decline refund requests that we believe in good faith are abusive, for example, repeated chargebacks, returns from purchases not made through the Services, or claims involving products materially altered or destroyed in a manner inconsistent with normal personal use.

8. Promotions, Discounts & Referrals

From time to time we run promotions, discount codes, bundle offers, gift-with-purchase events, and referral programs. Each promotion is governed by its own terms (start/end date, eligibility, exclusions, single-use vs. multi-use, stacking rules). We may revise or terminate any promotion at any time without notice. Discount codes may not be combined unless the offer expressly says so. We may void a promotion or reverse a discount if we determine in good faith that it has been redeemed in violation of its terms or in a fraudulent or abusive manner.

9. Subscriptions & Auto-Renewal

Some products are offered as subscriptions managed by our partner Recharge Payments, Inc. ("Recharge"). At checkout you may choose between a one-time purchase or one of the subscription plans we make available. Plans currently include:

• Monthly recurring , 15% off list price. Your payment method is charged and a new shipment is sent every month until you pause, skip, swap, or cancel.
• 3-month prepaid , 20% off list price. You pay upfront for three shipments and receive one shipment per month for three months. At the end of the prepaid period, the subscription automatically renews into another 3-month prepaid term unless you cancel before renewal.

Plan details, cadences, and discounts shown on the product page and confirmation email at the time you subscribe control over any general description in these Terms. By creating a subscription you agree:

• Auto-renewal: Subscriptions renew automatically at the cadence you selected. Each charge is independent and constitutes a separate sale. We are not required to remind you before each renewal beyond what the law requires.
• Price changes: We will give you advance email notice of any change to the recurring or prepaid price. If you do nothing, your continued participation in the subscription after the change takes effect is your acceptance of the new price.
• Manage anytime: You can pause, skip, swap, change cadence, change shipping address, or cancel at any time through your customer portal (linked in every order email) or by emailing performance@brookhavenfarms.net.
• Cancellation, monthly recurring: Cancellation takes effect at the end of the current billing cycle and prevents the next charge. We do not pro-rate or refund a charge that has already been processed for a shipment that has already been sent.
• Cancellation, 3-month prepaid: Once we have charged you for a prepaid term, you are entitled to all three shipments in that term. You may cancel auto-renewal at any time, and we will not charge you for a new prepaid term. We do not refund unused shipments from a prepaid term that has already been charged, except as required by law or under our 90-day money-back guarantee in Section 7.
• Failed payments: If your payment method declines, Recharge will retry on the schedule it operates. If we cannot collect after retries, we may pause or cancel your subscription. You are responsible for keeping your payment method current.
• No long-term commitment: Subscriptions have no minimum term beyond the prepaid term you chose. There is no early-termination fee.
• Plan changes by us: We may add, remove, or modify plans, discounts, and cadences at any time. Existing subscribers will continue on the plan they signed up for unless we provide advance notice of a change as described above.

10. Wholesale & B2B

The Services are intended for personal, non-resale use. Resale, wholesale, distribution, repackaging, or use of our products in any commercial context not authorized by Brookhaven is prohibited. Wholesale, retail-partner, and B2B purchasing are governed by a separate written agreement. To inquire, email performance@brookhavenfarms.net.

11. User Content & Reviews

The Services may let you submit reviews, photos, videos, comments, testimonials, and other content ("User Content"). You retain ownership of your User Content. By submitting it, you grant Brookhaven a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in any media for any lawful Brookhaven business purpose, including marketing.

You represent that (a) you own the User Content or have all necessary rights to grant the license above; (b) your User Content is truthful, reflects your honest experience, and discloses any material connection to Brookhaven (such as receiving free product); and (c) it does not violate any law, contract, or third-party right.

We may remove, edit, or refuse User Content for any reason, including content that is unlawful, deceptive, harassing, off-topic, or makes unverified medical claims about our products.

12. Intellectual Property

The Services, including the "Brookhaven" name and logo, the visual identity, copy, photography, video, illustration, packaging design, formulations, and all other content other than User Content, are owned by Brookhaven or our licensors and are protected by copyright, trademark, trade-dress, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. All other rights are reserved.

You may not, except with our prior written permission: (a) copy, distribute, publicly display, or create derivative works of any portion of the Services; (b) use any automated means to scrape, crawl, harvest, or extract content; (c) use the Services or any content from them to train, fine-tune, evaluate, or develop any artificial-intelligence or machine-learning model; (d) frame, mirror, or remove any proprietary notices; or (e) reverse-engineer any portion of the Services.

13. Acceptable Use

You agree not to use the Services to: violate any law; infringe any third party's rights; transmit malware or attempt to interfere with the Services' security or operation; impersonate any person; harass any user or our team; collect personal information about other users; engage in fraudulent transactions, chargeback abuse, or promotion abuse; or use the Services in any manner that could damage Brookhaven's reputation.

14. Third-Party Services

The Services rely on third-party providers, including Shopify (e-commerce platform and payments), Recharge (subscriptions), Klaviyo (email and SMS), and shipping carriers. The Services may also link to third-party sites we don't operate. Your interactions with those third parties, including any data they collect, are governed by their own terms and privacy policies. We are not responsible for third-party practices.

15. Privacy

Our Privacy Policy describes how we collect, use, and disclose personal information, including the rights you have under applicable laws (such as the California Consumer Privacy Act). The Privacy Policy is part of these Terms.

16. Disclaimers & Limitation of Liability

A. Disclaimer of warranties

EXCEPT WHERE PROHIBITED BY LAW AND EXCEPT FOR THE 90-DAY MONEY-BACK GUARANTEE IN SECTION 7, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOKHAVEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

B. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOKHAVEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO BROOKHAVEN IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

C. Carve-outs

Nothing in these Terms limits liability for: (a) death or personal injury caused by our negligence or that of our employees or agents; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages, so some of the above limitations may not apply to you.

17. Dispute Resolution: Arbitration & Class-Action Waiver

Please read this Section carefully. It affects how disputes between you and Brookhaven will be resolved.

A. Informal resolution first

Before filing a claim, you and Brookhaven each agree to attempt to resolve the dispute informally. Send written notice describing the dispute and the relief you seek to: Brookhaven Farms LLC, Attn: Legal, Johnson City, TN (or by email to performance@brookhavenfarms.net). The parties will negotiate in good faith for at least 60 days from receipt of notice before initiating arbitration.

B. Binding arbitration

Except as provided in Section 17.D, any dispute, claim, or controversy arising out of or relating to the Services, our products, or these Terms, including their existence, validity, breach, interpretation, or termination, will be resolved by binding individual arbitration administered by JAMS pursuant to its Streamlined or Comprehensive Arbitration Rules and Procedures (whichever applies based on the amount in controversy). The arbitration will be conducted in Washington County, Tennessee, or by remote means at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

C. Class-action waiver

YOU AND BROOKHAVEN EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in court, and the rest of this Section 17 will remain in force.

D. Exceptions

Either party may bring an action in small-claims court for claims within that court's jurisdiction. Either party may also seek injunctive or equitable relief in court to protect intellectual-property rights pending arbitration.

E. Right to opt out

You can opt out of this Section 17 within 30 days of first agreeing to these Terms (or, if you have an existing account on the date these Terms first go into effect, within 30 days of that effective date). To opt out, email performance@brookhavenfarms.net from the address associated with your account, with the subject line "Arbitration Opt-Out," and include your full name and order number (if any). Opting out only affects this Section 17; the rest of these Terms still apply.

F. Costs & fees

Brookhaven will pay all JAMS filing, administration, and arbitrator fees for any arbitration commenced in good faith if your claim is for $10,000 or less. For claims above $10,000, fees will be allocated under JAMS rules. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law.

G. State-specific provisions

If you reside in California, New York, or New Jersey, certain limitations on liability or remedies in these Terms may not apply to you to the extent state law does not permit them.

18. Governing Law & Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Subject to Section 17, any judicial action permitted under these Terms must be brought in the state or federal courts located in Washington County, Tennessee, and you consent to the exclusive personal jurisdiction and venue of those courts.

19. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Brookhaven and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your User Content; (c) your violation of any law or third-party right; or (d) your misuse of the Services or any product. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

20. Termination

We may suspend or terminate your access to the Services, and cancel pending or recurring orders, at any time and without notice if we reasonably believe you have violated these Terms or applicable law. Sections that by their nature should survive termination, including IP, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law, will survive.

21. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated by reasonable means (such as email or a prominent notice on the Services). Your continued use of the Services after changes take effect is your acceptance of the updated Terms. If you do not agree, stop using the Services.

22. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, Refund Policy, Shipping Policy, and any subscription or promotional terms presented to you at checkout, constitute the entire agreement between you and Brookhaven concerning the Services and supersede any prior agreement on the same subject.

Severability. If any provision is held unenforceable, the rest will remain in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No waiver. Our failure to enforce any provision is not a waiver of that provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, labor disputes, supply-chain disruptions, carrier delays, internet or telecommunications failures, pandemics, and government actions.

Headings. Section headings are for convenience only and do not affect interpretation.

23. Contact

Brookhaven Farms LLC
Johnson City, TN
Customer support: performance@brookhavenfarms.net
Wholesale & press: performance@brookhavenfarms.net

† These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.