Terms of use

This website and all subdomains are operated by BRIVA Beverages, LLC. (“BRIVA,” “we,” or “us”). These terms of use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our Website.

To the extent rules or guidelines affecting your use of the Website are found on other pages of our Website, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using our Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Website.

Description of Service

Our Website provide information about BRIVA’s products, allow users to purchase BRIVA’s products, and provide different ways to interact with BRIVA through newsletters, social media, and other outlets. Our Website may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Website in the future, their use is subject to these Terms of Use.

Purchases

While we make our best effort to provide you with information regarding available products, availability is subject to change at any time. BRIVA makes no representations or warranties regarding the availability of any product. In the event of a technical or clerical error in the published availability of any product, BRIVA reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto. In the event you make a purchase with us, you agree that you will make all purchases in good faith and not based on speculation or fraud.

Registration On Our Website

Certain features of our Website (such as making a purchase) may require you to register by providing personal information, such as your name, e-mail address, credit card number, and other information.

If you choose to register on our Website, you agree to provide correct information about yourself as required on the registration form. You also agree that you will only register one account on the Website. We reserve the right to suspend or terminate your use of our Website if we discover that you have violated these Terms of Use. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use our Website, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Your purchase of products on our Website may be subject to additional terms and conditions for product returns or exchanges.

Modifications and Interruption to the Website

We reserve the right to modify or discontinue all or any portion of our Website with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Website, or that operation of our Website will be uninterrupted or error free. You understand that usage of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Website and Third-Party Content

Certain areas of the Website and our payment processing functions may be operated on by third parties and may be subject to the Terms of Use and/or Privacy Policies of those parties. BRIVA is not responsible for any aspect of these third-party service providers or Website. Please review any terms and conditions that may apply when you visit any areas operated by third parties.

Our Website may include links to other Websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party Websites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

Some of the Content, services, and features on our Website, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Website created or provided by third parties, or regarding any product or service provided or offered by any third party on the Website.  You acknowledge that any reliance on representations and warranties provided by any party other than BRIVA will be at your own risk. You expressly agree to hold BRIVA harmless for any claims of damage arising from any Content, product, or service provided by any third party.

Your Representations

As a condition of your right to use the Website, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Website and accessing the Content under the laws of the United States or other country.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BRIVA, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “BRIVA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BRIVA PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR WEBSITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE BRIVA PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR WEBSITE OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY BRIVA PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BRIVA PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE MAY OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Indemnification

You agree to indemnify and hold the BRIVA Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Website in a manner not permitted by BRIVA, including without limitation your actual or alleged violation of these Terms of Use.

User-Submitted Content and User Conduct

Any content, whether uploaded, posted, submitted, or otherwise made available on our Website or to BRIVA, including without limitation social media posts displayed on our Website or referencing any of our social media Website, or any other content which does not originate with a BRIVA Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any BRIVA Party be liable in any way for any User Content made available through our Website or in connection with any of our social media accounts. We may not review all User Content on our Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.

You agree that you will not use our Website to transmit or make available any Content that: violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable; infringes any intellectual property rights or other rights of any party; violates any person’s rights of privacy or publicity; you know or have reason to know is false, misleading, or fraudulent; you do not have a right to make available under any law or under contractual or fiduciary relationships; employs any techniques to disguise the origin of the Content submitted; contains any unsolicited or unauthorized advertising or promotional materials;

incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;

contains links to any Website containing content violating any of the foregoing requirements, or links to any Website for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use our Website to:

engage in any conduct which might be harmful to any individual; impersonate or misrepresent your affiliation with any person or entity; engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Website, servers, or networks connected to them. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on our Website or prohibit your access to our Website in the event of a violation of these Terms of Use.

Ownership of User Content

If any Content is original work of the user, then the user of original work owns the copyright in that work. Briva does not claim any copyrights in original works created and/or posted by individual visitors to our Website. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting BRIVA, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.

User Feedback

All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of BRIVA. By submitting Feedback to BRIVA, you assign to BRIVA, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

Copyright and Trademark Information

All Content, copyrights, and other intellectual property rights in the Content available on our Website, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by BRIVA, with all rights reserved, or in some cases may be licensed to BRIVA by third parties. This Content is protected by the intellectual property rights of BRIVA or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web Website of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with BRIVA. In the event that you find Content posted on our Website which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:

  • your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  • if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  • a description of the infringing material and the URL where such material is located on the Website, or a description of where on our Website you found such material;
  • your written statement that you believe, in good faith, that the use of the work on our Website has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  • a statement under penalty of perjury that all the information you have provided is true.

Send any notices of alleged infringement via email to info@drinkBRIVA.com.

In accordance with the Digital Millennium Copyright Act, it is the policy of BRIVA to terminate use of our Website by repeat infringers in appropriate circumstances.

Other Content Complaints

If you believe that any Content on our Website violates these Terms of Use or is otherwise inappropriate, please report the Content by sending an email to info@drinkBRIVA.com.

Smart Phones and Tablets

Some versions of our Content or our Website may be used on mobile or tablet devices. If you access our Website or Content on mobile or tablet devices, you understand that your mobile carrier’s standard charges will apply.

Arbitration

Any dispute arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, shall be submitted to confidential, binding arbitration in the State of Florida, per the American Arbitration Association’s Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof, and 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. Notwithstanding the foregoing arbitration requirement, regarding any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of the State of Florida, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Governing Laws

The laws of the state of Florida and the United States govern these Terms of Use and any claims arising out of or relating to use of the Website, without giving effect to any choice of law rules. We make no representation that our Website are appropriate, legal, or available for use outside of the United States. Except with the exception of any matters subject to arbitration as described above, the state and federal courts located in the State of Florida will serve as the venue for any actions brought, or claims made, arising out of your use of our Website.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Website, without further notice to you. Your continued use of our Website after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of BRIVA. You agree that these Terms of Use and any other agreements referenced herein may be assigned by BRIVA, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Website. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Website or associated social media accounts, constitutes the entire agreement between you and BRIVA regarding your use of the Website, and that any other prior agreements between you and BRIVA are superseded by these Terms of Use. Any failure by BRIVA to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

Please contact us by email at info@drinkBRIVA.com with any questions or concerns.

Effective Date of this Terms of Use: October 14, 2019,