Terms & Conditions

Terms of Service

Last Modified: September 13, 2022

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OVERVIEW

This website is operated by Remedy Drinks USA, LLC (“Remedy Drinks”). Throughout the site, the terms “we”, “us” and “our” refer to Remedy Drinks. Remedy Drinks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us on this site, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by this reference. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.  PLEASE TAKE A FEW MINUTES TO REVIEW THE SECTION.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

This website and the Service, including, without limitation, the online store, are offered and intended to be available to users who are 13 years of age or older and reside in the United States.  By using this site and agreeing to these Terms of Service, you represent that you meet all of the foregoing eligibility requirements, and by placing an order for our products or services, you also represent that you are of legal age to form a binding contract with Remedy Drinks.

Our online store is directly integrated with Amazon.  Once you select the Remedy Drinks products that you would like to purchase, your cart will redirect you to Amazon to complete your purchase.  Additional terms and conditions may apply, including their shipping and returns policies.  Depending on your relationship with Amazon and location, additional fees may apply.

You agree that your order is an offer to buy, under these Terms and the applicable Amazon terms, all products listed in your order.

Terms of payment are within our sole discretion and payment must be made before our acceptance of an order. By placing an order, you represent and warrant that (a) the payment information you supply to us is true, correct, and complete, (b) you are duly authorized to use such payment information for the purchase, (c) charges incurred by you will be honored by your financial institution, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.

Shipping is arranged by Amazon, please check the specific delivery options upon checkout. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the delivery carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or failure to deliver orders.

All returns are subject to Amazon’s policies and must be returned to and processed by Amazon.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws in your jurisdiction (including but not limited to copyright laws).  You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the site for your own personal or household use only, and not for resale or export.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  You must not transmit any worms or viruses or any code of a destructive nature to the site.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over public networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

We provide this site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Additional terms and conditions may also apply to specific portions, services, or features of the site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this site, or by anyone who may be informed of any of its contents.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

This site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Remedy Drinks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Remedy Drinks. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.  The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only as set forth in these Terms.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS, PRODUCTS OR SERVICES

We may provide you with access to third-party tools, products or services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools, products or services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools, products or services.

Any use by you of third-party tools, products or services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools, products or services are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. If you access any other third-party websites or materials linked to or from the Service, you do so entirely at your own risk.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

This site may contain interactive features which allow users to upload, post, submit, publish, display, or transmit to other users, persons or us (hereinafter, “upload”) content, feedback, photos, videos or other materials (collectively, “User Contributions”) on or through the site.

Any User Contribution you upload to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You are responsible for any User Contributions you submit or contribute, and you have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; (b) all of your User Contributions do and will comply with these Terms; (c) your User Contributions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.; (d) your User Contributions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website; and (e) you have not used a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any uploads.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions uploaded by you or any other user of the site.

We have the right, but not the obligation, to (i) monitor and remove User Contributions in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the site or the public, or could create liability for the Remedy Drinks; (iii) disclose your identity or other information about you to any third party who claims that material uploaded by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the site; and (v) terminate or suspend your access to all or part of the website for any or no reason.

YOU WAIVE AND HOLD HARMLESS REMEDY DRINKS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION ARISING FROM OR RELATING TO REMEDY DRINKS’ ACTIONS OR INACTIONS RELATED TO THE USER CONTRIBUTIONS.

If you would like to request deletion any of your User Contributions, please send us an email to privacy.us@remedybrands.com.

SECTION 10 – PERSONAL INFORMATION

All information we collect through this site is governed by our Privacy Policy.  By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly and unequivocally stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Remedy Drinks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Remedy Drinks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the other terms they incorporate by reference, or your violation of any applicable law or the rights of a third-party.

SECTION 15 – SPECIAL OFFERS AND PROMOTIONS

On occasion, we may issue promotion codes for redemption at checkout. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not combine multiple promotional codes in one transaction. We are not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.

SECTION 16 – CONTESTS AND SWEEPSTAKES

From time to time, we may offer contests or sweepstakes. Additional terms and conditions will apply to your participation in each contest or sweepstakes.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service or incorporated herein by reference, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may suspend or terminate the Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service or incorporated herein by reference, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED.  This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Remedy Drinks agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with Remedy Drinks, or (iii) any data or information you may provide to Remedy Drinks or that Remedy Drinks may gather in connection with such use, interaction or transaction (collectively, “Remedy Drinks Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Remedy Drinks Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against Remedy Drinks, and any claim that Remedy Drinks may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Remedy Drinks Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if Applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be Applicable to the matter in dispute, Remedy Drinks agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the Application of subpart (d) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of Appropriate jurisdiction.

You further agree that:

(a)      Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, Applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

(b)      Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if Applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Remedy Drinks; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;

(c)      Governing Law. The Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with state or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(d)      No Class Relief. The Arbitration can resolve only your and/or Remedy Drinks’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(e)      Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(f)       Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Remedy Drinks will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

(g)      Reasonable Attorney’s Fees. In the event you recover an Award greater than Remedy Drinks’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Remedy Drinks’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Remedy Drinks shall in all events bear its own attorneys’ fees;

(h)      Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Remedy Drinks shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

(i)       Modification of Arbitration Clause With Notice. Remedy Drinks may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Remedy Drinks has given notice of such modifications and only on a prospective basis for claims arising from Remedy Drinks Transactions and Relationships occurring after the effective date of such notification; and

(j)       Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Remedy Drinks in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

SECTION 21 – FORCE MAJEURE

We are not responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; epidemics, pandemics,  diseases, quarantines, or other extraordinary event which is determined to constitute an public health risk; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at privacy.us@remedybrands.com.

SECTION 23 – DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the website, we may act as a “services provider” (as defined by the DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the site and the Services. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or the rights of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Service. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is copyrightagent.us@remedybrands.com.

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the website that you claim is infringing, with enough detail so that we can locate it on the website;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on our website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

SECTION 24 – COPYRIGHT NOTICE

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