Last Modified: January 2022
II. Acceptance of Terms
A. Age Restriction: The Services are intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. By registering for the Services, you certify that you are at least 21 years of age and legally reside in the United States. Persons under 21 years of age are prohibited from using the Services in any way.
B. ASSUMPTION OF RISK: YOU ASSUME ALL RISK AND LIABILITY FOR THE USE OF ANY PRODUCTS, WHETHER IN TERMS OF HEALTH AND SAFETY OR GENERAL EFFECTIVENESS. You are solely responsible for your interactions with other Users. Drink Your Values reserves the right, but has no obligation, to monitor disputes between you and other Users.
D. Services Rules: You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated “scraping”; (b) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including User Account names, from the Services; (h) using the Services for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Services; (k) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (l) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
E. Registration Information: In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Services. You represent and warrant that any registration information you give to us is and will remain accurate, correct, and up to date.
F. Right to Terminate: Drink Your Values or you may terminate your User Account at any time, with or without warning and with or without cause. Even after your User Account is terminated, this agreement will remain in effect. You may terminate your User Account at any time, for any reason, by contacting us by email at email@example.com. Requests for User Account termination may also be made in writing to:
425 Cherry Street
Kent OH, 44240
Attention: Account Termination
IV. Privacy and Security
B. Authorized User Account: By using the Services, you represent and warrant that you are authorized to use the Services under the User Account registered. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your User Account information. You agree that we are not liable for any damages or losses caused by a third party’s use of your User Account without your permission. However, you agree to be solely responsible and liable for any and all activities that occur under your User Account. If you become aware of any unauthorized use of your User Account information, you agree to notify us immediately at firstname.lastname@example.org.
C. Notifications: By providing your contact information, you acknowledge that you may receive push notifications on your mobile device (“Push Notifications”), as well as via email or other types of messages. You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging, and/or other wireless or Internet access, including in connection with all notifications and messages.
The parties acknowledge and agree that Drink Your Values shall act as a “Seller,” as such term is defined in the Ohio Consumer Sales Practices Act Ohio (OCSPA) Revised Code §1345.01 et seq. and implementing regulations (the “OCSPA”), and shall collect, access, maintain, use, process and transfer “personal information,” as that term is defined by the OCSPA solely for the purpose of performing Drink Your Values obligations under this Agreement for or on behalf of you and for no commercial purpose other than the performance of such obligations. Drink Your Values shall delete and permanently destroy OCSPA Personal Information upon written request by you. Notwithstanding the foregoing, nothing in this Agreement shall restrict Drink Your Values’ ability to disclose OCSPA Personal Information (a) to a subcontractor for a business purpose pursuant to a written agreement to protect OCSPA Personal Information in the same manner as provided herein, (b) to a third party as necessary to comply with applicable laws, or (c) as otherwise permitted by the OCSPA.
V. Transactions, Purchasing, Shipping & Delivery
You may initiate a product order by submitting an order (“Order”) to us via the website or other electronic means designated by us, specifying the following, if applicable: (a) the types and quantities of products, and (b) the product delivery location (“Delivery Location”). Some state regulations may require a business address for shipment to a Delivery Location, and, if applicable, you represent that the address you have provided is a business address. By submitting an Order in accordance with this Section, you make a binding offer to purchase products pursuant to the Agreement and on no other terms, including any purchase order terms. We have the right, in our sole discretion, to accept or reject any Order. We may accept an Order by displaying an order confirmation on the Site or sending a confirmation email to the email address you provide. No Order is binding on us, and, regardless of your acceptance of such Order, we may cancel or rescind a previously accepted Order, without liability or penalty, and without constituting a waiver of any of our rights or remedies under this Agreement, by providing written notice to you specifying the applicable date of rejection, cancellation, or rescission, for any or no reason. If we cancel or rescind a previously accepted Order, we will refund any amounts paid by you associated with such Order, if any. According to our shipping policies, DRINK YOUR VALUES will not take orders for shipment to Alabama, Alaska, Hawaii, Mississippi, Tennessee, Texas, and Utah, or points outside of the United States.
In submitting an Order, the purchaser represents that they have obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of products and is legally entitled to take quantities ordered and confirms that they are at least 21 years of age by using/making any purchase on the Drinkyourvalues.com website. The purchaser also acknowledges their 21 years+ age by agreeing to the age verification popup upon entering the Drinkyourvalues.com website.
C. Promotions and Advertisements: The Services contains data, information, and other content not owned by you, such as promotional offers or credits to purchase products and services from us (“Drink Your Values Property”). You understand and agree that regardless of terminology used, Drink Your Values Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion. Drink Your Values Property is not redeemable for any sum of money or monetary value from Drink Your Values at any time, are non-transferrable, and may only be used in connection with the Service. You acknowledge that you do not own the User Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Drink Your Values on Drink Your Values servers, including without limitation any data representing or embodying any or all of your Drink Your Values Property. You agree that Drink Your Values has the absolute right to manage, regulate, control, modify and/or eliminate Drink Your Values Property as it sees fit in its sole discretion, in any general or specific case, and that Drink Your Values will have no liability to you based on its exercise of such right. All data on Drink Your Values servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON DRINK YOUR VALUES’ SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN DRINK YOUR VALUES SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. DRINK YOUR VALUES DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON DRINK YOUR VALUES’ SERVERS.
D. Shipping and Delivery Charges, Insurance, and Taxes: All product prices are exclusive of, and you are solely responsible for and shall pay, all shipping fees and taxes, with respect to or measured by the manufacture, sale, shipment, or price of the applicable products (including interest and penalties thereon); provided, however, that you shall not be responsible for any taxes imposed on, or with respect to, our income. Any shipments or deliveries of product that are refused or undeliverable by our third-party carriers will be returned to us at your expense.
E. Packaging, Labeling, and Shipment: We will use commercially reasonable efforts to properly pack, mark, and ship or personally deliver (to the extent expressly agreed to by the parties in writing) products and, to the extent applicable, provide you with shipment documentation showing our name, our identification number for the subject products, and the quantity of pieces in shipment. We will select the method of shipment of and the carrier for products. We may, in our sole discretion, without liability or penalty, make partial shipments or deliveries of products to you. You represent and warrant that you are 21 years of age or older and agree to furnish a government-issued identification document to verify your age at the time you accept any products from us.
F. Late Delivery: Any time quoted for delivery, including any estimated delivery date, is an estimate only; provided, however, that we will use commercially reasonable efforts to deliver all products on or before such quoted time, including any such estimated delivery date. No delay in the shipment or delivery of any product relieves you of your obligations under this Agreement, including accepting delivery of any remaining installment or other Orders of products.
G. Transfer of Title and Risk of Loss: Title of all products sold is transferred to the purchaser at the time the initial payment is made; this transfer occurs in the State of Ohio. Sales tax will be applied according to Ohio legal requirements. DRINK YOUR VALUES makes no representation as to the legal rights of anyone to deliver or import any products into any state. The purchaser takes all responsibility for the products being transported from Ohio to the Delivery Location. By the act of purchasing the products from DRINK YOUR VALUES, the purchaser authorizes DRINK YOUR VALUES to act on their behalf and at their direction in processing and shipping the order and to engage a common carrier on their behalf for shipment of product. THE PURCHASER IS RESPONSIBLE FOR OBSERVING ALL APPLICABLE LOCAL AND STATE LAWS REGARDING THE SHIPMENT OF BEER.
H. Acceptance of Product: All Orders are final and non-refundable after seven (7) days from the date of our confirmation email. Except as provided under this Agreement, you have no right to return products purchased under this Agreement to us. You will be deemed to have accepted products unless you provide us with written notice of any nonconforming products (i.e., products that do not materially conform to the products described in the applicable Order). Such written notice will state with specificity all defects and nonconformities and furnish such other written evidence or other documentation as may be reasonably required by us. All defects and nonconformities that are not so specified will be deemed waived by you, such products will be deemed to have been accepted by you, and no attempted revocation of acceptance will be effective. Upon receipt of such written notice, we will determine, in our reasonable discretion, whether the products are nonconforming products. If you provide us with written notice of nonconforming products within three (3) days following the date of delivery of the products to the Delivery Location, and we determine that such products are nonconforming products, we will refund to you such amount paid by you to us for such nonconforming products. If you provide us with written notice of nonconforming products after three (3) days following the date of delivery of the products to the Delivery Location, and we determine that such products are nonconforming products, we will refund to you fifty percent (50%) of such amount paid by you to us for such nonconforming products. THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR THE DELIVERY OF NONCONFORMING PRODUCTS.
I. Regulations: Drink Your Values makes no representation as to the right of any person to import any product into any state. For each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. In all instances, any solicitation, invitation, offer, advertisement, or communication to purchase from Drink Your Values is void where prohibited by law. You may be required to submit detailed reports of the products in your cellar to your residing state’s legal authorities using the forms they supply. You agree to be responsible to meet all such reporting requirements imposed by the alcoholic beverage control authorities in the jurisdiction you reside.
VI. DMCA Notice
A. Because we respect artist and content owner rights, it is Drink Your Values’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
B. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify Drink Your Values’ copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide Drink Your Values with the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Drink Your Values to contact you, such as your address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA agent:
Drink Your Values
425 Cherry Street
Kent OH, 44240
Attn: DMCA Notice
C. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
D. Please note that this procedure is exclusively for notifying Drink Your Values and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Drink Your Values’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
E. In accordance with the DMCA and other applicable law, Drink Your Values has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Drink Your Values may also, at its sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
VII. Disclaimer of Warranties
A. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRINK YOUR VALUES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DRINK YOUR VALUES ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
B. FURTHER, DRINK YOUR VALUES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DRINK YOUR VALUES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
C. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
D. Any and all pricing, delivery, or contract information is subject to final confirmation by Drink Your Values. Your reliance on such information provided solely through the Services is at your own risk.
VIII. Limitation of Liability
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRINK YOUR VALUES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL DRINK YOUR VALUES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRINK YOUR VALUES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DRINK YOUR VALUES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DRINK YOUR VALUES HEREUNDER OR $100.00, WHICHEVER IS GREATER.
C. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DRINK YOUR VALUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
D. Indemnification: You agree to defend, indemnify, and hold harmless Drink Your Values and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including, without limitation, attorneys’ fees) arising from: (a) your use of and access to the Services, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; (e) any content that is submitted via your User Account including, without limitation, misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
IX. Choice of Law and Forum
A. You agree that: (a) the Services shall be deemed solely based in Ohio; and (b) the Services shall be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ohio. This Agreement shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Portage County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Portage County, Ohio is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
A. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Drink Your Values without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Drink Your Values in connection with the Services, shall constitute the entire agreement between you and Drink Your Values concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
C. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Drink Your Values’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
D. Locations: We control and operate the Services from our offices in Kent, OH. We do not represent that the Services are appropriate or available in other locations. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable laws, including, without limitation, import and export regulations.
E. Export: Software available in connection with the Services are further subject to United States export controls. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws.
F. Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DRINK YOUR VALUES. For any dispute with Drink Your Values, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Drink Your Values has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Portage County, Ohio unless you and Drink Your Values agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for experts and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Drink Your Values from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
G. Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DRINK YOUR VALUES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
H. Contact: Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.