Last Modified and Effective Date: 11/11/2021
NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
1. UNAUTHORIZED ACCESS AND USE; LEGALITY
Our sites, apps, advertising, and marketing are not directed to children. Our sites, apps, advertising, and marketing for our hard kombucha and Cannabis products are directed specifically for individuals over the legal drinking age or the legal age for the purchase of Cannabis products (where permitted by law) based on the jurisdiction where the sites and apps are accessed or viewed. Our other sites, apps, advertising, and marketing are not directed to individuals under the age of 16. If we obtain actual knowledge that we have collected personal information from someone under 21 with respect to our hard kombucha and Cannabis products, or under 16 with respect to our other products, we will promptly delete such information unless we are legally obligated to retain it. IF YOU HAVE ACCESSED OUR HARD KOMBUCHA OR CANNABIS SITES BY PROVIDING FALSE AGE INFORMATION, YOU MUST IMMEDIATELY LEAVE THE SITES.
You expressly acknowledge that (i) our cannabis-related Sites are for residents of the State of California only, (ii) you are familiar with and assume full responsibility for adhering to all laws regarding the use, possession, and consumption of medical or recreational cannabis, (iii) you are responsible for ensuring that your use of the Sites complies with all applicable laws and regulations, (iv) you understand that cannabis is included on Schedule I under the United States Controlled Substances Act, that under Federal law the use, possession, consumption, and interstate transportation of cannabis is illegal, and that individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies for committing crimes.
2. USE OF SITES
You may use our Sites only for your own noncommercial personal use and in compliance with these Terms. In connection with such limited use, we grant you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Sites for your personal use. You are responsible for your own communications, including the transmission, uploading, or posting of information to the Sites, and are responsible for the consequences of such communications. Any other use of the Sites requires our prior written consent. You may not otherwise copy, modify, or distribute the contents of the Sites without our prior written consent. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Sites, in whole or in part.
We make no representation that any of the materials or the Sites to which you have been given access are available or appropriate for use in your location.
The rights granted to you in this agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Sites shall be subject to the terms of this agreement. All copyright and other proprietary notices on any Site must be retained on all copies thereof.
You may not use any of our marks or copyrighted materials for any reason without our express written prior consent.
All intellectual property rights in the Sites are owned by us or our licensors. No licenses or rights are granted to you by implication or otherwise.
If you provide us any feedback or suggestions regarding the Sites, you hereby assign to us all rights in such feedback and suggestions and agree that we have the right to use such feedback and related information in any manner we deem appropriate. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
We reserve the right, at any time, to modify, suspend, or discontinue the Sites or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or any part thereof. We have no obligation to provide you with any support or maintenance in connection with the Sites.
3. ACCEPTABLE USE POLICY
You agree not to use the Sites to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk, mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites or violate the regulations, policies, or procedures of such networks; (e) impersonate another user or us or gain unauthorized access to the Sites, other computer systems, or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) introduce software or automated agents or scripts to the Sites so as to generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Sites.
We reserve the right to review any communication (including any image files or other attachments), investigate, and/or take action against you in our sole discretion (including terminating your access to the Sites and/or reporting you to law enforcement) if we in our sole discretion suspect that you have violated our acceptable use policy or any other provision of this agreement or otherwise create liability for us or any other person.
4. THIRD-PARTY LINKS, INTERACTIONS, MATERIALS
The Sites may display links to other websites or apps that are owned or operated by third parties. We do not endorse, review, monitor, maintain, or control any of these websites or apps and we are not responsible for any aspect of them, including their content, products, and services offered. You agree to take full and exclusive responsibility and not hold us responsible for linking to (or downloading) any of these third-party sites or apps, and such responsibility includes but is not limited to all liabilities, decisions, and/or consequences associated therewith.
During your use of the Sites, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers. We aer not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party.
The Sites might display, include, or make available third-party content (including data, information, articles, applications, or other products and materials), services, and advertisements, including pricing and description of third-party products or services. We are not responsible for these third-party materials and services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not have any liability or responsibility to you or any other person or user for any such materials or services of third parties.
5. RELEASE AND INDEMNIFICATION
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Sites or other users, including the links, interactions and materials of third-parties described in Section 4. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us (and our subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Sites; (ii) your violation of this agreement; and (iii) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE SITES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES S ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Legal rights vary from jurisdiction to jurisdiction, and some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. Arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules- comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and fees will be governed by JAMS’s rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person or at another mutually agreed location.
- Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and us.
- Waiver of Jury Trial. YOU AND GT’S LIVING FOODS LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and GT’s Living Foods LLC are instead electing to have claims and disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
- Waiver of Class or Consolidated Actions. YOU AND GT’S LIVING FOODS LLC AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor GT’s Living Foods is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth below.
- Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer support. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified below.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Sites, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the address provided below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
This Agreement constitutes the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by us of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and GT’s Living Foods. This agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this agreement shall be binding upon heirs and assignees.
11. OUR CONTACT INFORMATION
GT’s Living Foods LLC
P.O. Box 2352
Beverly Hills, CA 90213
Toll Free Phone Number: 1-877-735-8423
Please note that email communications are not always secure, so please do not include any sensitive information, including credit card information, in any email you send us.