Terms of Use

These Terms of Use (“Terms of Use”) together with our Privacy Notice (collectively, the “Agreement”) contain the binding terms and conditions between you and Sunny Bev LLC (“Sunny Bev,” “our,” “us” or “we”), applicable to your access to and use of our website located at www.drinksunnydayz.com (the “Site”), which we operate.

We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY NOTICE, PLEASE EXIT THE SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THE SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY NOTICE. YOU ALSO UNDERSTAND THAT BY AGREEMENT TO THESE TERMS YOU ARE AGREEING TO BINDING ARBITRATION.

Permitted Users of the Site and of Our Products

Sunny Dayz is not for use by or sale to persons under the age of 21. If you are not, please exit the Site immediately. You agree that we may verify your identity, age, and residency to ensure compliance with applicable state and local laws. This may include requiring a valid government-issued ID at the time of purchase or delivery.

If you are not, please exit the Site immediately. You agree that we may verify your identity, age, and residency to ensure compliance with applicable state and local laws. This may include requiring a valid government-issued ID at the time of purchase or delivery.

All of our products contain cannabinoids and should be kept out of reach of children and pets. Consumption of THC while pregnant or breastfeeding may pose risks to your baby. The product may cause drowsiness, so do not drive or operate machinery after consuming Sunny Dayz. The Food and Drug Administration (the “FDA”) has not evaluated this product for safety or efficacy. Sunny Dayz is not intended to prevent, treat, or cure disease. This product is not certified to be free of contaminants, is derived from industrial hemp, is not medical marijuana. This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.

We provide online information about cannabis, including about our products. You may only order and receive our products if you reside in a U.S. state that allows the sales, possession, and consumption of cannabis products under applicable state and local laws. By placing an order, you represent and warrant that you are in compliance with all applicable state and local laws, including those regarding the purchase, possessions, and use of cannabis products. This Site and our products are not intended for use by individuals where the sale, possession or use of cannabis products is prohibited. You agree not to place an order for delivery to such locations.

None of the information contained in these Terms or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. The statements made regarding the products on our Site have not been evaluated by the FDA and the efficacy of our products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any Product. The Federal Food, Drug and Cosmetic Act requires this notice.

Furthermore, you expressly acknowledge and agree that any and all statements concerning cannabis products, accessories, or any other items sold or made available through the Site, have not been evaluated, approved, or endorsed by the FDA or any other regulatory agency. All such statements are provided for informational purposes only and should not be relied upon for any medical advice, health care, or similar treatment. If you suffer from any medical condition or illness, or if you are pregnant, nursing, and/or taking medications of any kind, you must consult with a physician before using any cannabis products, accessories, or any other items sold or made available through the Site.

Some products have been linked to illness or even death. ANY AND ALL CANNABIS USE (INCLUDING ANY AND ALL METHODS FOR INGESTION) IS SOLELY AT YOUR OWN RISK.

Acknowledgment of California Law

You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless all participants are acting completely within the scope of all applicable local and State Regulations including without limitation, and by way of example only, Business and Professions Code Division 10, California Code of Regulations Title 16 Division 42, California Code of Regulations Title 3. Division 8, California Code of Regulations, Title 17 Division 1 Chapter 13.

Acknowledgement of Illinois Law

You expressly acknowledge that the use, possession, cultivation, transportation, and distribution of cannabis within the state of Illinois is governed by specific legal frameworks and is illegal outside these frameworks. Activities concerning cannabis must fully comply with the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/), among other relevant state laws and regulations.

Restricted Locations

Sunny Dayz does not sell or ship products that qualify as THC-regulated cannabis material outside of jurisdictions where such activities are legally allowed. We comply with all regulations required by law applicable to our products. Please check back frequently as these restrictions are subject to change.

You expressly acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in certain cities, counties, municipalities, and local jurisdictions unless undertaken pursuant to applicable laws in such areas. You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your local jurisdiction while using the Site. We further reserve the right at any time to limit, change, or eliminate service to any particular delivery area.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property

The copyrights to all materials, content, and layout of the Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Sunny Bev, its parents, affiliates, subsidiaries, or third-party licensors. With the limited exception for the image and video usage specifically allowed on the Site, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of the Site or make any derivative works from the Site in any way without Sunny Bev’s express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on the Site is owned or licensed by Sunny Bev, and except as specifically allowed herein, may not be used by you without the prior written consent of Sunny Bev or the appropriate owner. Your use of the Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.

Any unauthorized use of the content of the Site may subject you to civil or criminal penalties.

The Site’s Terms of Use

Sunny Bev maintains the Site for media use as well as your personal entertainment information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media.

All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of the Site is prohibited except with Sunny Bev’s express prior written consent. All rights not expressly granted here are reserved to Sunny Bev. You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties

SUNNY BEV DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.

Sunny Bev also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.

Limitation of Liability

In no event shall Sunny Bev, its parents, affiliates, subsidiaries, and services providers, or the officers, directors, employees, members, managers, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on the theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, the Site.

You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify, and hold Sunny Bev harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

Using the Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Sunny Bev will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity, or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Sunny Bev cannot prevent the “harvesting” of information from the Site, and you may be contacted by Sunny Bev or unrelated third parties, by e-mail or otherwise, within, or outside of the Site.

Anything you transmit may be edited by or on behalf of Sunny Bev, may or may not be posted to the Site at the sole discretion of Sunny Bev, and may be used by Sunny Bev or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Sunny Bev is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

If you transmit any ideas, concepts, materials, or other communications to the Site, you accept that it will not be treated as confidential and may be used by Sunny Bev without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although Sunny Bev may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Sunny Bev is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

Sunny Bev assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of the Site.

Claims of Copyright

It is our policy to promptly respond to claims of copyright infringement and comply with all provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a notice with the following information to compliance@drinksunnydayz.com:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We may give notice to our users by means of a general notice on our Site, 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 a notice, you may provide counter-notification in writing to compliance@drinksunnydayz.com and include the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• 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;
• 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
• Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of 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 Sunny Bev 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.

Products

Sunny Bev makes every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, Sunny Bev does not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Termination

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, SUNNY RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. SUNNY BEV MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If Sunny Bev terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Username and Password

You acknowledge and agree that you are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Sunny Bev of any unauthorized use of your username or password or any other breach of security.

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications, or sites not owned by Sunny Bev or its affiliates do not imply endorsement of that product, publication, or site. Sunny Bev has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

The Site may provide, as a convenience to you, links to sites owned or operated by parties other than Sunny Bev. Each linked website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site.

Sunny Bev does not control and is not responsible for the availability, content, or security of these external sites, nor your experience interacting with or using these external sites. Sunny Bev does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

Requirements for Product Reviews

When posting a review of our products, including on our Site, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

Dispute Resolution “Legal Terms”

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Las Vegas, Nevada. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Nevada, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Opt Out of Binding Arbitration

If you do not wish to be bound by the arbitration agreement in these Terms of Use you may opt out by providing writing notice of your decision to opt out within 30 days of your first use of the Site or acceptance of these Terms of Use, (whichever is earlier). To opt out, you must following these instructions:

1. Prepare a written notice to Sunny Bev that includes your full name, your email address associated with your account (if applicable), and a clear statement that you wish to opt out of binding arbitration under these Terms of Use.
2. Send you notice via email to compliance@drinksunnydayz.com with the subject line “Arbitration Opt-Out Notice.” Alternatively, you may mail your notice to Sunny Bev, LLC, 5940 S. Rainbow Boulevard, Las Vegas, NV 89118.
3. If you send your notice via email, we will acknowledge receipt of your request. If you do not receive confirmation, please emails us again to verify receipt.

Opting out of arbitration will not affect any other provisions of these Terms of Use, including those governing jurisdiction, venue, or applicable law. Your decision to opt out of arbitration will apply only to dispute arising after your opt-out notice has been processed.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, OUR PRODUCTS, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR PRODUCTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL SUNNY BEV OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Site or any of our products; (3) breach of these Legal Terms; (4) any breach of your representations an warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that Sunny Bev shall have no liability to you for any loss or corruption of any such data, and you hereby waive an right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and Sunny Bev. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. Sunny Bev may assign any or all of our rights and obligations to others at any time. Sunny Bev shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Sunny Bev as a result of these Legal Terms or use of the Site. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Void Where Prohibited

The Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the Nevada, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, the Site may be viewed internationally and may contain references to products or services not available in all countries.

References to a particular product or service do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Sunny Bev intends to make such products or services available in such countries.

Any offer for any product, feature, service, or application made on the Site is void where prohibited. Your information will be transferred to Sunny Bev, located in the State of Nevada, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for the disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

Sunny Bev LLC
5940 S. Rainbow Boulevard
Las Vegas, NV 89118