Last updated: June 1, 2019
Welcome to drinkeverandever.com. All Market Inc., and/or its affiliates and respective brands, including, but not limited to, Vita Coco, Runa, Ever & Ever, etc. (collectively “AMI”, “we” or “our”) provide website features and other products and services to you when you visit or shop at drinkeverandever.com, purchase and/or use AMI products or services, use AMI applications for mobile, or use software provided by AMI in connection with any of the foregoing (all of which shall be referred to hereafter as "AMI Services"). AMI provides the AMI Services subject to the following terms and conditions.
By using AMI Services, you agree to these conditions. Please read them carefully.
We offer a wide range of AMI Services, and sometimes additional terms may apply. When you use an AMI Service (for example, Your Profile, Gift Cards, Shopping Cart) you will also be subject to the guidelines, terms and agreements applicable to that AMI Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use AMI Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other AMI Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any AMI Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AMI or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AMI Service is the exclusive property of AMI and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AMI Service are trademarks or trade dress of AMI in the U.S. and other countries. AMI's trademarks and trade dress may not be used in connection with any product or service that is not AMI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AMI. All other trademarks not owned by AMI that appear in any AMI Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AMI.
One or more patents owned by AMI apply to the AMI Services and to the features and services accessible via the AMI Services. Portions of the AMI Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, AMI or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license solely to access and make personal and non-commercial use of the AMI Services. This license does not include any resale or commercial use of any AMI Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AMI Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AMI and/or its subsidiaries and affiliates and their respective licensors, suppliers, publishers, rightsholders, or other content providers. No AMI Service, nor any part of any AMI Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AMI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AMI without express written consent. You may not use any meta tags or any other "hidden text" utilizing AMI's name or trademarks without the express written consent of AMI. You may not misuse the AMI Services. You may use the AMI Services only as permitted by law. The licenses granted by AMI will immediately terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own AMI account to use certain AMI Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. AMI does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AMI Services only with involvement of a parent or guardian. AMI reserves the right to refuse service, terminate accounts, terminate your rights to use AMI Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AMI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AMI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AMI and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AMI for all claims resulting from content you supply. AMI has the right but not the obligation to monitor and edit or remove any activity or content. AMI takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from AMI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
AMI does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, AMI does not take title to the refunded item.
AMI attempts to be as accurate as possible. However, AMI does not warrant that product descriptions or other content of any AMI Service is accurate, complete, reliable, current, or error-free. If a product offered by AMI itself is not as described, your sole remedy is to return said product in an unused/unopened condition.
PRICING & SETTLEMENT
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Amazon.com and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product.
With respect to items sold by drinkeverandever.com, we cannot confirm the price of an item you ordered until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by drinkeverandever.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Sometimes when we lower prices as part of a promotion, other retailers will decrease their own prices in response. As a result, we may decrease our price during the promotion, and after the promotion our price may be the same or even lower than the original promotional price in order to offer you consistently low prices.
This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.
We generally charge your credit card upon order, but reserve the right to delay settlement until fulfilment.
SANCTIONS AND EXPORT POLICY
You may not use any AMI Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using AMI Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AMI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AMI AND THE AMI SERVICES ARE PROVIDED BY AMI ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMI SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMI SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMI DOES NOT WARRANT THAT THE AMI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMI SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM AMI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any AMI Service, or to any products or services sold or distributed by AMI or through drinkeverandever.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court would (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions in doing so.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808 . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. AMI will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions. Unless otherwise agreed, any in-person arbitration shall be held at a mutually agreed upon location in the City and State of New York.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any AMI Service, you agree that the Federal Arbitration Act, applicable federal laws, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AMI.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
All Market Inc.
250 Park Ave South, Floor 7
New York, NY 10003
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