Terms and Conditions
By using the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Jovē and govern your access to and use of the Site.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or have obtained parental or guardian consent to enter into this agreement. If you do not agree to accept these TOU without limitation or qualification, please exit the Site and cease all access to and use of the Site. These terms govern your access to and use of the Site regardless of how you access the Site – e.g., whether through the Internet, through Wireless Access Protocol (commonly referred to as ‘WAP”), through a mobile network or otherwise.
The DrinkJovē.com Site
The purpose of the Site is to provide information about Jovē products, services, and other beverage industry related content. You agree that you will only use the Site for personal use, and not for any other commercial venture without first seeking approval from Jovē.
By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with the TOU. Jovē is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
Jovē reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). Jovē will highlight any change to these TOU for 30 days after such change(s) is/are made.
Jovē does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.
Unsolicited information, Content or Ideas submitted through or in connection with the Site
Jovē does not accept unsolicited content or ideas you may attempt to transmit to Jovē directly. As such, we take no responsibility for such transmitted content or ideas. You agree that if you do send Jovē unsolicited content or ideas that Jovē may use such content and ideas in any way Jovē wishes without any communication, authorization from or compensation to or with you.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, all content on the Site is the property of Jovē including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “Jovē Content”).
Certain elements of Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any Jovē Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non-commercial use. No right, title, or interest in any Jovē Content is transferred to you as a result of your accessing, downloading, or printing such content from the Site.
You acknowledge that you have no right, title, or interest in or to the Site and/or Jovē Content. There may be other content or links to other sites located on the Site not owned by Jovē. You acknowledge and agree that neither Jovē or any affiliated entities endorse such content or sites and shall not be responsible or liable for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. All rights not expressly granted herein are reserved to Jovē.
Jovē takes copyright and other intellectual property issues seriously and will terminate any Site users that are connected to valid and repeat copyright or other intellectual property infringement complaints.
If you believe that any content on the Site violates or infringes your intellectual property rights, please provide notice to the Jovē contact address below detailing your allegation. Jovē takes infringement of intellectual property rights seriously and will investigate the matter.
Links to Third-party Sites and Other Site Interactions
The Site may contain links to external sites not controlled and/or affiliated with Jovē. If you use these links, you will leave the Site. For example, there may be links on the Site to social media locations and or pages. Jovē provides these links to you only as a convenience, yet Jovē is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.
Jovē may also allow interaction between the Site and other Third-party sites such as Facebook and other social media sites. This may include “Like” buttons or other interactions through Third-party buttons or plugins on the Site that when used, may allow you to share content with other persons on or through the third-party sites or elsewhere. Please consult the privacy policies of these Third-party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. Jovē has no control over these Third-party sites and you use these interaction functions at your own risk. You acknowledge and agree that Jovē is in no way liable for any harm to you as a result of using any of these interaction functions, links or third party sites.
Other Prohibited Conduct
In connection with your use of the Site, you agree not to:
- Violate any federal, state, or local laws or regulations.
- Impose an unreasonable or disproportionately large strain on Jovē‘s network or computer infrastructure.
- Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Jovē’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
- Apply any computer viruses, ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, malicious BHO’s (Browser Helper objects), rogue security software or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software of equipment.
- Engage in any behavior that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Jovē or other users.
- Make unauthorized attempts to modify any information stored on the Site.
- Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
- Use the Site to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. Jovē reserves the right to terminate your access to the Site for any reason.
By accepting these TOU, you waive and hold harmless Jovē from any claims resulting from any action taken by Jovē during or as a result of Jovē’s investigation and/or from any actions taken as a consequence of investigations by either Jovē or law enforcement related to your use of the Site.
You agree to indemnify, defend and hold harmless Jovē, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Jovē or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a Third-party that relates to your use of the Site, your breach of these TOU, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
JOVĒ MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. JOVĒ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. JOVĒ DOES NOT WARRANT THAT THE SITE’S FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. JOVĒ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. JOVĒ DOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME ANY AND ALL COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE GOODS OR SERVICES. JOVĒ MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL JOVĒ OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JOVĒ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE.
In no event will the collective liability of Jovē or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you paid to Jovē for the applicable good or service out of which the liability arose.
IF YOU ARE DISSATISFIED WITH THESE TOU, THE SITE, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.
Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with any and all local laws, rules and regulations within their own state, geographic area or jurisdiction of residence.
Jurisdictional Limitation & Issues
Jovē operates the Site from its headquarters in the United States, and the Site and TOU are intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.
Jovē is not required to treat any information you send us as confidential.
Any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of Florida without regard to any conflict of legal provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Florida (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in Florida courts, and agree not to plead or claim in any other court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Jovē, with respect to the Site.
If you violate any portion of these TOU, Jovē reserves the right, without an obligation to do so, to deny you access to the Site.
Jovē‘s failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
Jovē reserves the right, without notice and reason, to take down or terminate the Site. You agree that Jovē is not liable to you or any other Third-party for this action.
Jovē does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Jovē may revoke this linking permission at any time and for any reason.
Certain software elements of the Site may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
Rules for Sweepstakes, Contests, Challenges, Activities, Surveys and Similar Promotions
Information or Complaints
If you have a question or complaint regarding the Site, please send an email to Hello@DrinkJove.com. You may also contact us in writing to Jovē Wellness, LLC at (P.O. BOX ADDRESS XXX) or by calling 1-833-321-JOVE (5683). Please note that e-mail communication will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.