10. USER CONDUCT

You agree not to take any action that interferes with the proper working of the Website; imposes an unreasonable or disproportionately large load on the Website's infrastructure; might compromise the security of the Website; render the Website or the Service inaccessible to others, or otherwise cause damage to the Website or any Content contained on the Website. You agree not to add to, subtract from, or otherwise, modify the Content on the Website except as expressly authorized by Sip N’ Nut in these Terms of Use or by a written agreement between you and Sip N’ Nut. You also acknowledge and agree that you are solely responsible for the content of any of your email or contact form messages. Nevertheless, we reserve the right to delete, move, or edit messages at our sole discretion. You agree that any Material that you submit to the Service or the Website may be edited, removed, modified, published, transmitted, and/or displayed by Sip N’ Nut, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material. By using the Website, you understand and agree that Sip N’ Nut is not responsible for the truth, completeness, objectivity, or usefulness of any third-party posting, nor does Sip N’ Nut endorse any items. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. If Sip N’ Nut discloses the identity of a user pursuant to the Terms of Use or our Privacy Statement, you understand and agree that we may do so. You access any such website materials at your own risk.

11. REGISTRATION

To use certain features of the Service, you must register with Sip N’ Nut on the form provided. You agree (a) to provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Sip N’ Nut has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

12. TERMINATION

Sip N’ Nut may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

13. GENERAL PROVISIONS

a. Entire Agreement

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Sip N’ Nut of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies

The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

c. No Endorsement of Links

Hypertext links to third-party Websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Sip N’ Nut of the third party, the third-party Website, or the information contained therein. You acknowledge and agree that Sip N’ Nut is not responsible for the availability of any such Website, or the content on such Website thereon, or the services offered by such Website. Under no circumstances will Sip N’ Nut be responsible for any loss or damage resulting from your use of any such Website or the services offered by such Website or any content posted on such Website or transmitted from such Website. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Website.

d. Enforcement

Sip N’ Nut will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Website and pursuing civil, criminal, and/or injunctive redress. You agree that in a civil action, Sip N’ Nut may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A., regarding any and all disputes relating to these Terms of Use, Sip N’ Nut’s Privacy Statement, your use of the Website, any other Sip N’ Nut website, the Service, or Content or Material contained therein.

14. MISCELLANEOUS

Sip N’ Nut reserves the right to make changes to this Website at any time. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of law rules. You agree that any action arising out of or connected in any way with this Website and/or your use of this Website shall be brought in the state or federal courts in San Francisco, California, and you hereby waive any right to assert jurisdiction or venue in any other court. Sip N’ Nut may, from time to time and at any time, amend any of these Terms of Use by posting the amended terms on this Website. These Terms of Use may not be otherwise amended except in a writing signed by Sip N’ Nut. Any waiver of any of these Terms of Use will be effective only if in writing and signed by Sip N’ Nut and the failure of Sip N’ Nut to exercise or enforce any of these Terms of Use shall not constitute a waiver of such right or provision. This agreement constitutes the entire agreement between Sip N’ Nut and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

Sip N’ Nut has a committed policy for compliance with the United States copyright law and expects all customers or visitors to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under copyright laws have been infringed on the Internet. When Sip N’ Nut receives a properly filed complaint satisfying the requirements of the DMCA, Sip N’ Nut will remove or block access to the allegedly infringing material upon verification of the submitted information. If a customer of Sip N’ Nut believes that a notice of copyright infringement has been improperly filed, the customer may submit a counter-claim to Sip N’ Nut. Sip N’ Nut will not be a party to disputes over alleged copyright infringement. This information is not to be construed as legal advice. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel.

Notification of Claimed Copyright Infringement

If you believe that a web page hosted by Sip N’ Nut is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Sip N’ Nut’s designated agent in the manner described below.

By email:
Copyright Agent
Sip N’ Nut
GreenLifeClub@SipNNut.com

For your complaint to be valid under the DMCA and for action to be taken by Sip N’ Nut the complainant must provide the following information when forwarding the alleged infringement notice:

a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner

b. Identification of the copyrighted work claimed to have been infringed.

c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Sip N’ Nut to locate the material.

d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).)

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Counterclaim to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counterclaim with Sip N’ Nut's designated agent at the email address listed above. Such counter-claim must contain the following information:

a. physical or electronic signature;

b. 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;

c. a statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification (See 28 U.S.C. ? 1746); and,

d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If Sip N’ Nut receives a valid counterclaim, the DMCA provides that the removed material will be restored, or access re-enabled. Please be advised that U.S. copyright law provides substantial penalties for a false counterclaim filed in response to a notice of copyright infringement.

© Copyright Sip N’ Nut All rights reserved.

EFFECTIVE 01 Feb 2021

Terms and conditions subject to change without prior notice.