DrinkZavu.com Terms of Use Agreement

DrinkZavu.com (“Website”), is owned and operated by Zavu, LLC (ZAVU). ZAVU sells fruit based drinks and provides a website with marketing and promotional materials as well as information related to ZAVU’s products and culture.  ZAVU does not offer its products for sale directly from the Website. ZAVU makes this Service available through their Website and subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with ZAVU and your use of the Services.

BY USING THE WEBSITE, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE. ZAVU RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER ZAVU AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.

  • User Warranties

You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website or using the Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.

  • Privacy Policy

ZAVU hereby incorporates its Privacy Policy [INSERT LINK] as if fully restated herein.

  • Ownership of Intellectual Property

ZAVU is the owner of all rights in and to the Website, Services, and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and ZAVU provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.

ZAVU is the owner of the ZAVU, ZAVU logo, Taste the Tropics, What the Fruit, and From our Lands to Your Hands marks, which are registered or common law trademarks, design marks, and trade names of ZAVU. ZAVU is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of ZAVU. You are prohibited from using ZAVU’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.

ZAVU hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to ZAVU.

  • International Access

Users may access the ZAVU website from any country in the world. This website and the services herein may be available only in certain countries. Any reference to a product does not guarantee that it will be made available outside of the United States or in any specific country. If you access the ZAVU website outside of the United States, you are responsible for complying with the relevant laws and regulations.

  • Overview of the Services

ZAVU sells fruit drinks and provides a website with marketing and promotional materials as well as information related to ZAVU’s products and culture. Furthermore, ZAVU provides links to it various social media pages, which you may utilize to further enjoy ZAVU and learn more about our products.

  • No Medical or Professional Advice

Any information available on this website, social media, or provided by any ZAVU employee or agent, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Any health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

  • Product Descriptions

While ZAVU attempts to provide accurate information related to our products, we do not warrant that product descriptions or any other content on the ZAVU website is accurate, complete, reliable, current or error-free. If a product we offer is not as described, please reach out to us via our contact page on the website.

  • Support

ZAVU strives to provide an enjoyable and seamless user experience. Our contact page is easy to use and the best way to get ahold of us. Please fill out the contact form with a detailed description of your situation. We will respond to any contact received as quickly as possible.

  • Restrictions on Use of the Website and Services

You are expressly prohibited from making any use of the Website or Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of ZAVU. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with ZAVU’s robots.txt file. The following is a non-exhaustive list of prohibited conduct, which shall be determined in ZAVU’s sole discretion:

  • Imposing a disproportionate load on the Website or its server infrastructure, or otherwise attempting to interfere with the operation of the Website;
  • Circumventing ZAVU’s technological or security protection mechanisms;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Attempting to gain access to the private data or personal information of a user or the Website or a third party;
  • Harassing a user of the Website;
  • Copyright Policy

The Website and its associated content and services are © 2017 Zavu, LLC.

If you believe that content on this Website infringes your copyrights, you may provide ZAVU a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

This notice of copyright infringement must contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • The location of the copyrighted work(s) on the Website;
  • Your contact information, such as an address, telephone, fax number, or email address;
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Copyright infringement notices must be emailed to us at: zavu@drinkzavu.com

  • Third Party Links

You understand and agree that the Website may contain links to third party websites that are not owned or controlled by ZAVU. ZAVU will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

  • Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. ZAVU may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.

  • Disclaimer of Warranties

ZAVU PROVIDES THE WEBSITE, INFORMATION, AND SERVICES ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

  • Limitation of Liability

ZAVU WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF ZAVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZAVU DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND YOU AGREE ZAVU IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.

  • Indemnification

ZAVU Members and any other person or entity using the Website, Services, or Property agree to hold harmless, indemnify, and defend ZAVU, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website or the Services, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend ZAVU under the terms of this Agreement will not provide you with the right to control ZAVU’s defense, and ZAVU reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend ZAVU.

  • Resolution of Disputes, Governing Law and Limitation of Liability

This Agreement will be governed by and interpreted in accordance with the laws of the State of Michigan, without regard to the conflicts of laws rules thereof. You agree that Michigan is the sole and exclusive forum for the resolution or litigation of any dispute, claim, or cause of action arising under or related to this Agreement, including its validity, interpretation, breach, violation, or termination. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Kent County, Michigan, and waive all claims of this forum of being an inconvenient forum. The prevailing party in any action arising under or related to this Agreement shall be entitled to its attorney fees and costs.

You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.

ZAVU’s liability under the terms of this Agreement shall not exceed $1,000 and that ZAVU is not subject to liability for any consequential, special, indirect, incidental, punitive, or exemplary damages against ZAVU.

ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.

  • Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

  • Integration

This Agreement, and its incorporated Privacy Policy, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind ZAVU.

  • Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

  • Reservation of Rights

All rights not expressly granted herein are reserved to ZAVU, including the right to suspend or refuse to provide its Services to anyone for any reason or no reason whatsoever.