All good terms and policiesLast modified date: February 10, 2023
Your privacy is important to Zevia PBC ("Zevia", "we" or "us") and we are committed to protecting your personal information. Zevia is a high-growth beverage company that is disrupting the liquid refreshment beverage industry with great tasting, zero sugar beverages made with simple, plant-based ingredients. Zevia's website, www.zevia.com (our "website") includes information about Zevia and all Zevia products, as well as our online Zevia store hosted and powered by Shopify Inc. ("Shopify®"; see information in Section 2 below).
Use our website;
Create an online account with us;
Register for our rewards program;
Purchase products directly from our website;
Interact with us through social media, adverts or content on third party websites;
Otherwise engage with us, for example by contacting our friendly customer service team (collectively the "Services").
This Policy explains what personal information we collect about you; how we use it (including who we share that personal information with) and your rights and choices regarding your personal information. "Personal information" means any information that identifies, relates to, describes, or can be associated with you.
Notice to California Residents: If you are a resident of California, please see below the "Additional Disclosures for California Residents" for details regarding special disclosures and rights you may have under state law.
Our website is not directed to or meant for use by residents of the Brazil, United Kingdom ("UK"), France, Germany, or any other European Union country.
This Policy was last updated on and is effective as of December 1, 2022. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in the section below marked "How do I contact Zevia?".
1. WHAT INFORMATION DOES ZEVIA COLLECT ABOUT ME AND WHY?
The personal information that we may collect about you broadly falls into the following categories:
Information that you provide directly. When you engage with Zevia, we may ask you to provide your personal information. We have listed below the categories of personal information we may collect:
Identifiers. Such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, social media handle, account name, or other similar identifiers.
For example, if you create an account, purchase any products, submit a product review, enter a competition and/or contact our customer service team you may provide your first name, last name, date of birth, gender, email address, mailing address and/or telephone number.
When you register for an account, we will also collect information associated with your account such as the date you joined, your order numbers and payment method.
Financial information. Such as payment card information and billing address.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Such as name, signature, physical characteristics or description, delivery address, billing address, telephone number, payment card number, or any other financial information. Some personal information included in this category may overlap with other categories.
Images and photographs. For example, if you enter a competition on the website or via social media when you tag us you may provide a photograph of yourself.
Audio recordings. Such as when we record your telephone call with our customer service representatives for the purposes disclosed to you in connection with the recording.
Your opinions or other information. For example, if you review the products you have purchased from us or provide information about Zevia products, and your favorite flavors.
Commercial information. Records of Zevia products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Sensitive Information. Such as account credentials you may provide us when you create an account with us.
Internet or other electronic network activity information.Such as browsing history, search history, information on your interaction with our website, or advertisements.
For example, when you visit our website, or engage with Zevia content, we may collect certain information from your computer, tablet or mobile phone ("Device" such as your IP address, Device type (i.e., make and model), unique device identification numbers, browser-type and time zone settings
We may also collect information about how your Device has interacted with us including: the pages accessed and links clicked; how you navigate to and from our website (such as how you scroll over the site, which parts you click and how long you spend on each page); your preferences, the products and/or services that you have viewed or searched for; and crashes, download errors and response times.
Geolocation Data. Such as physical location. We collect your IP address and may infer location such as city or postcode from your IP address.
For example, when you visit our website, or engage with Zevia content, we may collect your broad geographic location (e.g., country or city-level location) from your Device.
Inferences drawn from other personal information. Such as a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For example, when you visit the website, we may use some of the personal information indicated above to provide you with tailored advertising, content and products that we think you may like. This is described in further detail in the section below marked "How does Zevia use my personal information?".
Information that we obtain from third party sources. From time to time, we may receive personal information about you from third party sources, but only where those third parties have represented that they have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of personal information we collect from third parties may include:
Retailers and distributors. For example, where permitted by applicable data protection law and, if applicable, where you have specifically consented, our retailers and distributors may pass information to us including your first name, last name, email address, postal address, phone number, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information in relation to products purchased at their stores (whether in their brick and mortar store or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
Technology partners and market research organizations. For example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browser patterns, geo-location, and Device identifiers.
2. HOW DOES ZEVIA USE MY PERSONAL INFORMATION?
We may use your personal information for the purposes set out in this Policy, including:
To provide you with the products and services that you have requested or fulfill our contractual obligations - To administer to our relationship with you and to carry out our obligations arising from the relationship between you and us, including administration of services and to create and manage your account or to perform our obligations under a contract with you or with a view to entering into such a contract.
To verify your identity - For example we may use your email address to determine if you already have an account with us.
For analytics purposes - For example, we may analyze your personal information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products and our website. We may also aggregate and de-identify your information to create customer segments for internal analytics and business purposes.
To provide you with marketing communications that you might be interested in
- If you choose to receive marketing communications from us, we may use your personal information to keep you up to date with our latest products, surveys, announcements, upcoming events, sweepstakes, contests and other promotions via our newsletters, emails, or other communications. If you no longer wish to receive these marketing communications, you may opt-out by following the directions in the section below marked "How do I stop receiving marketing communications?".
For tailored advertising - We, or with our third party vendors, may use your personal information to provide you with tailored advertising on third party sites, including Social Sites (defined below in section 8 "What if I access or use a social network or public forum through www.zevia.com?". These advertisements are either: (i) "contextual" (meaning they are presented due to the webpage that you are viewing); or (ii) "behavioral advertising" or "interest-based advertising" (meaning they are shown to you based upon your interests inferred from your information including demographic, geographic and interest-based data). If you no longer wish to see tailored advertising, you can manage your cookie preferences and choose to opt out of those cookies by clicking, "Cookies Settings". In addition, some third-party sites allow you to stop seeing advertisements from specific advertisers on that site, so you should also check your preferences on those websites.
If you would like more information about Advertisers' practices, please see http://optout.aboutads.info/#!/. You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising (DAA) by visiting the opt-out pages on the NAI website (http://optout.networkadvertising.org) and DAA website (http://www.aboutads.info/choices/).
To provide the best service to our customers - For example, we may use your personal information to process and respond to your questions and/or inquiries.
For site optimization and management - For example we may use your personal information provided to us to:
administer the website;
ensure the security of our networks and of your information;
customize your future visits to the website based on your interests to ensure the most user-friendly online navigation experience; and
improve the website and our services (including to fix operational problems such as pages crashing and software bugs).
For product development and business development purposes - For example, we may use information we collect from you to improve our products and develop new products.
For fraud prevention and detection purposes; to comply with our legal obligations; and to protect and defend the rights and property of Zevia, our employees and business partners.
With your consent - In some limited circumstances, we may seek your consent to collect and use your personal information for additional purposes. If we rely on consent to process your information, this will be made clear to you at the time we request your information. You can withdraw your consent at any point using the opt-out method provided at the time, or by contacting us using the contact details provided in the section "How do I contact Zevia?" of this Policy.
Regarding sensitive personal information, we use your account credentials to maintain your account with us.
Use of Non-Personally Identifiable Information
We may receive or create, and use, non-personally identifiable information, such as deidentified, anonymized and/or aggregated data, in any manner that does not identify individual users. We will maintain and use this information in deidentified, anonymized, or aggregated form and not attempt to re-identify it unless expressly permitted by applicable law.
Any non-personally identifiable information that is combined with personal information will be treated by us as personal information.
3. DOES ZEVIA DISCLOSE MY PERSONAL INFORMATION TO ANYONE?
We may have disclosed or disclose in the future your personal information to the following categories of recipients for our business purposes or as required or permitted by law:
Third parties for marketing purposes - Certain promotions and events may offer you the opportunity to consent to receive marketing communications from us. If you have given your consent, your personal information may be used by such third party for the purposes stated at the point you enter the event and/or sign-up to receive the promotional updates.
Our service providers and business partners - We engage third party service providers and business partners to perform functions on our behalf (for example, to support the delivery of our products, or our website). This includes but is not limited to disclosing information to the following types of service providers or business partners:
advertising providers – including companies that provide: (i) advertising space for Zevia; (ii) the provision of advertising related services, including agencies instructed to make advertising purchases on our behalf, providers of ad-exchanges (a digital marketplace to buy and sell advertising space) and providers of a demand-side platform (software used to purchase advertising in an automated fashion);
providers of marketing and customer relationship management databases and data management platforms – that enable Zevia to manage your information in a safe and efficient manner;
data analysis firms – that provide insights and help us to analyze trends using the data that we and they hold;
customer support specialists – that provide customer support services on our behalf for Zevia products and services;
fulfilment companies – this includes companies that manage your orders and ship your products, coordinate email campaigns, sweepstakes, contests or promotions on our behalf;
application development and web-hosting companies – to enable us to manage and improve the website;
information technology and related infrastructure providers;
email delivery providers; and
audit and professional service providers.
As part of a business transfer – Zevia may disclose your personal information to an actual or potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.
To comply with laws – Zevia may disclose your personal information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person; and
To any other person with your consent to the disclosure.
4. WHAT ARE MY DATA PROTECTION RIGHTS?
Zevia respects your right to access and control your personal information. You have choices about the data we collect. When you are asked to provide personal information that is necessary for the purposes of providing you with our Services, you may decline, however, this may result in our inability to provide you access to certain features or Services.
We encourage you to reach out to us at email@example.com if any of your contact details have changed, or if you believe that the information, we hold about you is incorrect. You may have specific rights and choices regarding your personal information under applicable data privacy laws. Click here to exercise any rights you may have under applicable data privacy laws. These rights may include:
Access to personal information: Under certain state privacy laws and international privacy regulations, you may have the right to confirm that we have collected your personal information and request access to your personal information. In these cases, we will comply, subject to any relevant legal requirements and exemptions, including identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).
Correction and deletion: In some jurisdictions, you have the right to correct or amend your personal information if it is inaccurate or requires updating. You may also have the right to request deletion of your personal information. Please note that such a request could be refused because your personal information is required to provide you with the products or services you requested, e.g., to deliver a product or send an invoice to your email address, or that it is required by the applicable law.
Profiling: In some jurisdictions, you have the right to opt out of the processing of your personal information for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects. Please note that we do not engage in such profiling at this time.
Targeted advertising: In some jurisdictions, you may have the right to opt out of advertisements that are based on personal information that is obtained or inferred based on your activities across nonaffiliates websites, applications, or online services.
Sale of Personal Information: In some jurisdictions, you may have the right to opt out of sales of your personal information, as that "sale" is defined under applicable law.
Do Not Track: Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a "Do Not Track" ("DNT") or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. We currently do not respond to DNT signals.
5. WHAT IF I ACCESS A THIRD-PARTY SITE THROUGH ZEVIA'S WEBSITE?
Our website may contain links to or from third-party sites. Please be aware that we do not control and are not responsible for the privacy practices of such third parties. This Policy applies only to the personal information we collect as described above. We encourage you to read the privacy policies of third-party sites you access from links on our website.
6. WHAT IF I ACCESS OR USE A SOCIAL NETWORK OR PUBLIC FORUM THROUGH WWW.ZEVIA.COM?
Our website may facilitate easy access to certain social networking sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter ("Social Sites"). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites' privacy policies if you would like more information about how they collect, use and share your personal information, your privacy rights and how to change your privacy settings.
Our website may enable you to:
Submit content to Social Sites: For reviews, discussion forums, message boards, photographs and other public features ("Public Forums"). We do not restrict the distribution of personal information that you voluntarily disclose in these Public Forums, so please be aware that any information you disclose there may be collected and used by us and others. For this reason, we encourage you to refrain from providing or sharing personal information about yourself in the Public Forums. We cannot prevent third parties from using such information in a way that may violate this Policy or applicable law;
Accept certain cookies from the Site (for example "Facebook Pixels"). These types of cookies help us understand your activity including the Zevia content you see whether or not you have a Social Site account and if you are logged into that account. This information helps us to show you Zevia content you might be interested in on the Social Sites and measure the effectiveness of the Zevia content.
Sign-in to our website using a Social Site: For example, for a harmonized user experience.
7. HOW DO I STOP RECEIVING MARKETING COMMUNICATIONS?
We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt out by clicking on the relevant 'unsubscribe' link in the emails you receive, by texting STOP in response to any text message or by contacting us using the details found in the section "How do I contact Zevia".
Please note, while we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through our website.
8. HOW LONG DOES ZEVIA KEEP MY PERSONAL INFORMATION?
We will retain your personal information where we have an ongoing legitimate business need to do so (for example, to provide you with access to your account on www.zevia.com, to provide you with a product you have purchased, or to comply with applicable legal, tax, or accounting requirements), or for other permitted purposes, such as retention pursuant to applicable contract or law. Our retention periods vary based on business, legal, and regulatory needs and obligations.
When we have no ongoing legitimate business need or other legal purpose to process your personal information, we will either delete or deidentify it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further use until deletion is possible.
9. DOES ZEVIA TRANSFER MY PERSONAL INFORMATION TO OTHER COUNTRIES?
In order to provide our Services, we may need to transfer and process your personal information internationally (including to destinations outside the country in which you are located).
As a result, your personal information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Policy.
Further information can be provided on request: please contact us using the details found in the section "How do I contact Zevia?" We have also implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
10. IS MY PERSONAL INFORMATION SECURE?
We understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.
We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect your personal information from unauthorized access, use and disclosure.
The measures we use to protect your personal information are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
11. I HAVE ENTERED A CONTEST, PROMOTION OR SURVEY – HOW DO I FIND OUT MORE ABOUT THAT?
Zevia and its preferred third-party service providers or business partners may offer sweepstakes, contests, promotions and surveys (each, a "Promotion").
12. HOW OLD DO I HAVE TO BE TO USE THE ZEVIA SITES OR OTHER DIGITAL OFFERINGS?
You must be aged 13 or over to use the Zevia website and our other digital offerings.
We take your privacy very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children who use our products and services. We do not solicit or knowingly collect personal information from children aged 13 and under. If we are made aware that we have received such information, or any information in violation of our Policy, we will use reasonable efforts to locate and remove that information from our records.
California Minors: If you are a California resident who is under age 18 and you are unable to remove publicly available content that you have submitted to us, you may request removal by contacting us at: firstname.lastname@example.org. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don't follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your personal information from the Services does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
13. DOES THIS POLICY EVER CHANGE?
We may update or modify this Policy from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Policy changes if and where required by applicable data protection laws. The date of the most recent version of this Policy will appear at the top of the page.
When we update our Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. For example, we will notify you of any changes to this Policy by posting a new Policy and updating the "last modified" date at the top of this page.
14. HOW DO I CONTACT ZEVIA?
We have taken great measures to ensure that your privacy is respected upon your visit to our website. If you have any questions, comments, or concerns about our privacy practices and/or would like to submit a privacy request, please contact us either:
Via postal mail at: Zevia, LLC, 15821 Ventura Blvd. Ste. 145, Encino, CA 91436 USA or
Via toll free number at: 855.GO.ZEVIA (855.469.3842)
15. ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
If you are a resident of the state of California, this section addresses your rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, and implementing regulations ("CCPA"). Any terms defined in the CCPA have the same meaning when used in this Policy.
PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT
We collect personal information about California consumers for a variety of business reasons as indicated in the chart below. Please note the specific pieces of personal information we may collect about you can vary depending on the nature of your interactions with us.
HOW WE SHARE AND SELL PERSONAL INFORMATION
The two charts below show the categories of personal information we have (a) sold; (b) shared with third parties for behavioral advertising; or (c) disclosed to our service providers and contractors for a business purpose during the last 12 months.
Zevia "shares" personal information such as email address, name, and information collected by cookies including IP address with third parties for the purpose of cross-context behavioral advertising.
Zevia also discloses personal information with our service providers or contractors pursuant to a written contract and for the following business purposes identified in the chart below.
|Categories of Personal Information
|Categories of Sources from which Personal Information is Collected
|Purposes for Collection / Use
|Categories of Third Parties to Whom we Disclose Personal Information
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers.
Directly from you.
Cookies on our websites & apps.
Month & day of birth.
Directly from you.
Personal information that reveals a consumer's account log-in, financial account, payment information, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
Directly from you.
Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Directly from you.
Cookies on our websites & apps.
Our Service Providers.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, & information regarding a consumer's interaction with an internet website application, or advertisement.
Cookies on our websites & apps.
Our Service Providers.
Directly from you.
Cookies on our websites & apps.
|Categories of Personal Information
|Auditing & Advertising Impressions
|Security & Integrity
|Functionality & Debugging
|Short-Term/Transient Use, Including Non-Personalized Advertising
|Services Performed on Our Behalf
|Research & Development
|Quality Control & Improvement of Our Products & Services
|Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.
|Month & day of birth.
|Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|Internet or other electronic network activity information.
|Personal information that reveals a consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
A. Right to Access Personal Information and Data Portability Right
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we disclose that personal information.
If we disclosed your personal information for a business purpose, the business purpose for which personal information was disclosed, and the personal information categories that each category of recipient obtained.
The categories of personal information that we sold or shared and the categories of third parties to whom we sold or shared the information
You also may request that we inform you of specific pieces of personal information that we collected about you. In some instances, you may request that any of this information be provided to you in an electronically portable format.
B. Right to Delete
You have the right to request that we delete your personal information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If we cannot delete all of your personal information, we will let you know why.
C. Right to Correct Inaccurate Information
If you believe that any of the personal information, we hold about you is not accurate, you may submit a request for us to correct that information. We will use commercially reasonable efforts to correct the information according to your request.
D. Right to Opt Out of Sales and Sharing
You may opt out of the sale of your personal information or sharing for cross-context behavioral advertising. To opt out, click here.
You have the right to not be discriminated against for exercising any of your CCPA rights.
F. Exercising Your Rights
To exercise the access, data portability, correction, opt-out, or deletion rights described above, please submit your request to us:
Via webform; or
Via toll free number at: 855.GO.ZEVIA (855.469.3842)
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make such a request for access or data portability twice within a 12-month period.
The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will reach out to you for additional information as necessary for us to verify your identity. If you are submitting on someone else's behalf, we may ask you and/or your representative for additional verification. This may include providing a signed letter verifying your right to make this request.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Unfortunately, we don't accept returns or exchanges of product. If your order was damaged in transit, or if you've received the wrong order, please reach out to our Customer Care team immediately, by emailing email@example.com or calling 1.855.GO.ZEVIA (1.855.469.3842), and we will either send you a replacement or offer you an equal exchange credit.
If you believe there is a quality issue with your product, please take note of the Lot Code (a series of numbers with a timecode that is printed near the Expiration Date), so that we can trace the specific batch of product you have received. These inquiries will be handled on a case by case basis.
TERMS OF SERVICE
Last modified date: February 10, 2023
Please read carefully the sections titled "EXCLUSIONS AND LIMITATIONS OF LIABILITY", "INDEMNIFICATION", "DISCLAIMERS", and "GOVERNING LAW AND JURISDICTION". These provisions limit our liability to you and affect how disputes are resolved.
1. OUR DETAILS
Zevia PBC and its subsidiary, Zevia LLC, operate the website.
Zevia PBC is a Delaware corporation and Zevia LLC is a limited liability company.
Our address is 15821 Ventura Blvd. #145, Encino, CA 91436 USA.
Our contact email address is firstname.lastname@example.org.
2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
5. YOUR ACCOUNT DETAILS
Access to and use of certain functionalities and features of the website may require you to register for a user account ("Account") with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
6. USER GENERATED CONTENT; LICENSE
For any photos, images, text, graphics, audio, video, location information, comments and any other content, materials or communications that you upload, post, submit or share via the Services (the "User Generated Content" or "UGC"), you agree to allow Zevia to use and distribute such UGC in connection with our business, including, but not limited to, Zevia's product feature, marketing, promotional, advertising and other consumer-related activities.
You shall at all times retain ownership of your UGC. You hereby grant to Zevia and its affiliates and related companies (the "Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid up, non-exclusive, fully transferable, fully sublicensable (including through multiple tiers) right to copy, reproduce, modify, distribute, display, print, publish, broadcast, make derivative works based on, exploit and otherwise use (i) your UGC and (ii) your username, real name, voice, image, likeness, descriptions of you, location or other identifying information ("Name and/or Likeness") as the same appears in connection with your UGC, in any manner and for any purpose to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties or their sublicensees, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives throughout the world, and in any media now or hereafter known, without further approval, notification or compensation.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. The Licensed Parties may choose to use, stop using, reuse or not use, or remove from any Services, your UGC or Name and/or Likeness at any time. The Licensed Parties' use of your UGC or your Name and/or Likeness does not imply any endorsement of or any affiliation with you. You hereby waive any right to inspect or approve any use of the UGC or Name and/or Likeness by the Licensed Parties as permitted hereunder, and hereby waive any moral rights you may have with respect to the foregoing.
If you believe any Content, including UGC, residing on the Services or displayed or used in connection with the Services infringes any person's or entity's copyright rights, please refer to the Zevia "Copyright Policy" below.
Representations and Warranties Regarding User-Generated Content
(i) you are not a minor, or you are the parent/guardian of all minors that created or are depicted in your UGC and Name and/or Likeness, if any, no such minor is under 13, and each such minor used the Services and is providing the UGC and Name and/or Likeness with your involvement and permission (and you hereby expressly agree as the parent/guardian to be bound by these Terms);
(ii) you are solely responsible for your UGC and Name and/or Likeness and have the full right, power and authority to grant the rights described in these UGC terms;
(iii) you own all rights in and to your UGC and Name and/or Likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such UGC and Name and/or Likeness, such that you have all necessary licenses, rights, consents and permissions to publish the UGC and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your UGC;
(iv) the Licensed Parties' use of your UGC and Name and/or Likeness as described herein will not infringe, misappropriate or otherwise violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary and other rights and laws;
(v) the UGC and Name and/or Likeness is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
(vi) you are in compliance with, and the UGC and Name and/or Likeness comply with, all applicable terms and conditions of any relevant third party product, service or platform;
(vii) the UGC and Name and/or Likeness does not contain any computer virus or other malware that could affect any of the Services or third-party product, service or system; and
If requested, you will sign any documentation and take such action in such manner and at such location as may be required to protect, perfect, register or enforce any of the rights you have granted to Zevia under these Terms.
7. INTELLECTUAL PROPERTY RIGHTS
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Zevia, whether or not appearing with a trademark symbol, belong exclusively to Zevia, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Zevia.
Additional Intellectual Property Terms
The website, including all Content, features and functionality, and all trademarks, service marks, trade names, logos, copyright and other intellectual property and proprietary rights in and to our website and such Content, features, and functionality, are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Any use of the website or any of its Content, other than as specifically authorized herein, is strictly prohibited. All rights not expressly granted herein are reserved by us.
8. RELIANCE ON INFORMATION AND CONTENT
Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This website may include Content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Content on our website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any Content.
9. YOUR USE OF OUR WEBSITE
The website (including all Content on our website) is provided for your lawful, personal, private and non-commercial use only. You may print or share the Content from our website solely (a) to the extent expressly authorized in these Terms and (b) for your lawful, personal, private and non-commercial purposes (the "Permitted Purpose"). You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the any Content on our website without our prior written consent, except as follows:
Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this website.
Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text from the website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.
You must not access or use for any purpose other than the Permitted Purpose (including any commercial purpose) any part of the website or any services or materials available through the website.
10. PROHIBITED USES OF OUR WEBSITE
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
for any fraudulent purpose whatsoever;
to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business without prior written authorization by us;
to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties ("Disabling Code"), or to upload any content or materials containing any such Disabling Code;
to communicate with, exploit, harm or attempt to harm any minors in any way;
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm us or any users of the website or expose us or any such user to liability; or
Additionally, you agree not to:
Use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any device, software, or routine that interferes with the proper working of the website.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.
11. GEOGRAPHIC RESTRICTIONS
The website is provided for use only by users located in the United States. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the Content available on the website will be appropriate for users in other countries or states. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. LINKS TO OTHER WEBSITES
13. TEXT MESSAGING
If you provided a phone number in connection with a transaction on our website, we (or a third party on our behalf) may send you non-marketing, service-related text messages (e.g., updates on your order status).
If we obtained your consent to send you text messages (such as marketing texts or non-marketing texts using an autodialer), then you may withdraw your consent at any time by opting out of receiving any mobile communications, by replying STOP, END, CANCEL, UNSUBSCRIBE, OPT OUT, or QUIT to any mobile message from us. You may receive an additional mobile message confirming your decision to opt out.
Message and data rates may apply to any mobile communications you receive from us. The frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an "as is" basis and may not be available in all areas at all times.
14. PRODUCT PURCHASES
Product purchases made through this website are subject to our Terms of Sale set forth below in this Section 14 (the "Terms of Sale"). Please review the Terms of Sale carefully prior to making a purchase through the website. The Terms of Sale are incorporated by reference in these Terms.
Terms of Sale
These Terms of Sale apply to the purchase and sale of products through the Services and are subject to change by Zevia without prior written notice at any time, in our sole discretion. By placing an order through the Services, you confirm that you have read, understood, and agree to the Terms of Sale in their entirety and agree to be bound by them. If you do not agree to the Terms of Sale, please do not order any product through the Services. Any exclusions and limitations of liability listed below in Section 16 and any disclaimers listed in Section 18 shall apply to these Terms of Sale.
By placing an order, you represent and warrant that:
You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes;
If you are a business, the product is being ordered on the Services solely to promote your own products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the product.
We use our reasonable endeavors to make sure that every product available for purchase on the Services is shown accurately and that prices are correct. However, product descriptions, specifications, features and images are subject to change at any time without notice, and occasionally there may be small variations in color, typefaces and layout. Without limiting any of Sections 16 or 18 below, we do not warrant, represent, undertake or covenant in any way that any product description or related information, material or Content accessible using the Services will be accurate, complete, reliable, current or error-free, and we are not responsible for errors (typographical or otherwise) in any of the foregoing.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. When you place an order (by choosing your product and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A contract of sale between you and Zevia is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no contract of sale will have been made. From time to time, we may not be able to accept an order, including for the following reasons: (i) where we cannot obtain authorization for your payment; or (ii) if you do not meet any eligibility criteria set out in the "General Requirements" section of these Terms of Sale. We reserve the right to cancel your order at any time and issue a full refund. We reserve the right, but are not obligated, to limit the sales of products to any person, geographic region or jurisdiction.
Prices and Payment Terms
All prices posted on the Services are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit or debit cards, PayPal, Shop Pay, or Google Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Orders containing multiple items may be shipped separately.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
Circumstances Beyond Our Control.
Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform under these Terms, where such failure or delay results from any circumstances outside our reasonable control. These circumstances include, but are not limited to, adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.
Subscribe and Save Program Terms
If you enroll in our "Subscribe and Save" subscription program when you place an order for Products through the Services, you are: (i) signing up for and agreeing to automatic, continual shipments (each, a "Subscription Order") of all such Products that are eligible for the subscription program ("Subscription Products") in accordance with the schedule you select during checkout; and (ii) expressly authorizing Zevia to charge your payment method on a recurring basis as set forth herein without further affirmative authorization from you. Subscription Products may be eligible for an additional percentage discount on Zevia's everyday low prices. You may change your Subscription Order shipping schedule, shipping method, shipping address and payment method and the Subscription Products included in your Subscription Orders at any time (provided that such changes will not apply to any Subscription Order authorized in accordance with these terms prior to Zevia's receipt of your change request). Such changes may be made by signing into your account on https://www.zevia.com and selecting the "Manage Subscriptions" link under Account Details or Order History.
Your subscription program (and the associated Subscription Orders) will continue until canceled by you (provided that such cancellation will not apply to any Subscription Order authorized in accordance with these terms prior to Zevia's receipt of your cancellation request). You may cancel at any time by signing into your account on https://www.zevia.com and selecting the "Manage Subscriptions" link.
When you place your initial Subscription Order, your payment method will be charged and the Subscription Order will be processed immediately. For each subsequent Subscription Order (which will be placed automatically per the schedule you have selected), at least three days prior to the date you are scheduled to be charged, you will receive a pre-shipment email notification reminding you of your upcoming shipment that includes (i) the prices for the Subscription Products in the applicable Subscription Order, as well as all applicable discounts, taxes, fees, shipping charges and other charges (collectively, the "Total Fees"), (ii) the period during which you may request changes to the applicable Subscription Order, and (iii) the scheduled shipment date. Following your receipt of such notification, you may edit or cancel such Subscription Order through our website, https://www.zevia.com, until 11:59 pm. Eastern Time on the day immediately preceding the applicable shipment date. If you do not cancel the Subscription Order by such time, the Subscription Order will be deemed authorized, and a credit card authorization hold will be placed on your payment method in the amount of the Total Fees. You will see a pending charge during this time as we process the Subscription Order. Once your Subscription Order is processed and shipped, your payment method will be charged for the Total Fees. Note that a payment authorization hold is not an actual charge, and although the hold may appear on your payment method account, you will be charged only one time for each Subscription Order. A payment authorization hold may impact the amount of credit available to you under your payment method. Any credit balances you may have on your subscription program account may be applied toward the balance of your order and Zevia will charge the remaining balance to your payment method. If we are unable to process payment, you will receive a "card declined" notification. If a valid payment method is not updated within the account, our system will wait a day and then send out an additional notification each day, for up to 8 days. If a valid payment method is not updated within the account after the 8th day, you will receive an email cancelling the Subscription Order, any active subscriptions, and removing any pending charges.
Unfortunately, we cannot accept returns or exchanges of product. If your order was damaged in transit, or if you've received the wrong order, please reach out to our Customer Care team immediately, by emailing firstname.lastname@example.org or calling 1.855.GO.ZEVIA (1.855.469.3842), and we will either send you a replacement or offer you an equal exchange credit. If you believe there is a quality issue with your product, please take note of the Lot Code (a series of numbers with a timecode that is printed near the Expiration Date), so that we can trace the specific batch of product you have received. These inquiries will be handled on a case by case basis.
To the extent permitted under applicable law, we reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
16. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so under applicable law. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our Terms of Sale.
SUBJECT TO THE AFORESAID IN THIS SECTION 16, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
YOUR USE OF OUR WEBSITE;
ANY CORRUPTION OR LOSS OF DATA;
ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
ANY LOSS OF REPUTATION OR GOODWILL;
ANY LOSS OF SAVINGS;
ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES OF ANY KIND.
THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 16 WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND YOU ASSUME AND SHALL BE LIABLE FOR ALL SUCH LOSSES AND DAMAGES (INCLUDING THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES).
WITHOUT LIMITING ANY OF THE FOREGOING IN THIS SECTION 16, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR ANY LOSS OR DAMAGE THAT WAS CAUSED BY OR ARISES FROM YOUR FAILURE TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any Content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm and damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this Section 16 are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability limiting our liability to you to the maximum extent permitted by law.
You agree to defend (at our request), indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
your uploads to, access to or use of the website;
your UGC or any Name and/or Likeness (or any Licensed Party's use of your UGC or any Name and/or Likeness);
your infringement, misappropriation, or violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or
any misrepresentation made by you.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION, WARRANTY OR ENDORSEMENT AS TO ANY:
SERVICE (INCLUDING WITH RESPECT TO ANY COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY THEREOF);
USER CONTENT (INCLUDING UGC); OR
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO, FROM OR THROUGH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT AND (II) WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE PRACTICE.
WE DO NOT ENDORSE ANY CONTENT (INCLUDING ANY UGC) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER ARISING FROM, BASED UPON OR RESULTING FROM ANY CONTENT.
19. AGE RESTRICTIONS ON USE OF OUR WEBSITE
20. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate your access to or use of or withdraw or modify all or part of the website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the website at any time.
21. COMPLIANCE WITH LEGAL REQUIREMENTS
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.
We may give you notices hereunder by any lawful method, including by posting notices on the website or by sending it to any email address that you provide to us. You agree to send us notices by email email@example.com or by mailing them to the following address:
Zevia, LLC 15821 Ventura Blvd. #145 Encino, CA 91436 USA
23. COPYRIGHT POLICY
Procedure for Reporting Copyright Infringements
Zevia takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature (or the signature of a person authorized to act on behalf of the owner of the applicable copyrighted work);
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Designated Copyright Agent
Our designated copyright agent to receive DMCA Notices is:
ZEVIA LEGAL DEPARTMENT ZEVIA PBC 15821 VENTURA BLVD, SUITE 145, LOS ANGELES CA 91436 855-469-3842
Counter Notification Procedures
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature (or the signature of a person authorized to act on behalf of the owner of the applicable copyrighted work);
An 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 disabled;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you reside outside the United States, for any judicial district in which Zevia may be found, and that you will accept service from the person (or an agent of that person) who provided notification of the alleged infringement.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If we determine that an individual is the subject of multiple DMCA notices, then we may, in our sole discretion, take any number of steps, such as issuing warnings, suspending or terminating the individual's account, or any other measures that we deem appropriate.
24. GOVERNING LAW AND JURISDICTION
Dispute Resolution Terms (Please Read Carefully)
Certain portions of this Binding Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Zevia agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act.
You and Zevia agree to arbitrate any and all disputes, claims, or causes of action arising out of, in connection with, or relating to use of the Services or any aspect of the relationship between you and Zevia (each, a "Dispute"). The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, we will pick another arbitrator pursuant to 9 U.S. Code §5. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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.
25. NOTICE TO CALIFORNIA RESIDENTS
BY ACCESSING OR USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the website is:
Provider: Zevia PBC
Phone: 855.GO.ZEVIA (855.469.3842)
Postal Address: Zevia, LLC, 15821 Ventura Blvd. #145, Encino, CA 91436 USA.
If the website is deemed as electronic commercial service, you may file a complaint regarding the website or to receive further information regarding use of the website by sending a letter to the attention of "Legal Department" at the above address.
WEBSITE ACCESSIBILITY STATEMENT
Zevia PBC ("Zevia", "we" or "us" or "our") is committed to ensuring that persons with disabilities have access to our good and services, including those offered through our website, www.zevia.com . As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone. We also work with accessibility and usability consultants to test and make sure that our website and mobile applications function properly.
We are always seeking ways to improve accessibility. Here are some steps we've taken towards improved access to our website:
Website Widget: We have implemented an accessibility widget and we work with an accessibility and usability website testing consultants to ensure usability and accessibility in compliance with Web Content Accessibility Guidelines (WCAG) 2.0 and the Americans with Disabilities Act.
Text Equivalents: We provide alternative text detail for appropriate images and other non-text elements.
Full Keyboard Access: Our website is built so that it can be accessed using a keyboard.
Site Consistency: We are consistent in the way we build our website so that it functions the same way every time you interact with it.
Site Structure: We use appropriate headings, lists, paragraphs, style sheets and other formatting features so that visitors can easily use the website with assistive technology.
Links: Many links have title attributes which describe the link in greater detail unless the text of the link already fully describes the target link.
Contact Us: If you have any feedback or questions regarding our website, please contact us:
by phone: 855.GO.ZEVIA (855.469.3842) and/or
by mail: Zevia, LLC, 15821 Ventura Blvd. Ste.145, Encino, CA 91436 USA
SUPPLIER CODE OF CONDUCT
The reputation of Zevia PBC ("Zevia"), is built on trust and respect. Zevia manages its business and affairs through its subsidiary Zevia LLC and through Zevia LLC operates, procures, promotes and implements sustainable and environmentally and socially responsible practices. Zevia's employees and those who do business with Zevia know that it is committed to earning their trust with a set of values that represent the highest standards of quality, integrity, excellence, compliance with the law, and respect for human rights and the unique customs and cultures in communities in which we operate.
The Company has always endeavored to conduct business responsibly and ethically. Zevia respects international human rights principles, including the United Nations Declaration of Human Rights and the International Labor Organization's Declaration on Fundamental Principles and Rights at Work.
Zevia's acknowledgment of these international principles is consistent with its dedication to enriching the workplace, respecting all human rights, preserving the environment and strengthening the communities in which Zevia operates.
These principles apply to all aspects of Zevia's business, and encompass all manufacturers, distributors, vendors, and other suppliers of product, services, licenses, rentals, etc. (each a "Supplier" and collectively "Suppliers") that provide supply to Zevia.
The Supplier Code of Conduct – Reflecting the Company's Values
The Supplier Code of Conduct (SCC) is a vital pillar of Zevia's human rights and workplace accountability programs. These programs are driven by the belief that good corporate citizenship is essential to Zevia's long-term business success and must be reflected not only in its workplaces, but also the workplaces of those who are authorized to directly supply to Zevia.
Recognizing that there are differences in laws, customs, and economic conditions that affect business practices around the world, Zevia believes that shared values must serve as the foundation for relationships between Zevia and its Suppliers, starting with the commitment to respect all human rights. The Supplier Code of Conduct communicates Zevia's values, expectations and requirements, and emphasizes the importance of responsible workplace policies and practices that comply, at a minimum, with applicable environmental laws and with local labor laws and regulations. The principles outlined below reflect the values Zevia upholds in its own policies, and Zevia expects its Suppliers to follow the spirit and intent of these guiding principles to ensure respect for all human rights.
Freedom of Association and Collective Bargaining
Respect employees' right to join, form, or not to join a labor union without fear of reprisal, intimidation or harassment. Where employees are represented by a legally recognized union, establish a constructive dialogue with their freely chosen representatives and bargain in good faith with such representatives.
Prohibit Child Labor
Adhere to minimum age provisions of applicable laws and regulations.
Prohibit Human Trafficking, Forced Labor and Abuse of Labor
Prohibit physical abuse of employees and prohibit the use of all forms of forced labor, including prison labor, indentured labor, bonded labor, military labor, slave labor or any form of human trafficking.
Eliminate Discrimination and Promote Diversity
Maintain workplaces that are free from discrimination or physical or verbal harassment. The basis for recruitment, hiring, placement, training, compensation, and advancement should be qualifications, performance, skills and experience. Use best efforts to procure diverse businesses to compete for goods and services to become preferred suppliers to the Supplier and/or as its subcontractor(s). Zevia is committed to the development and growth of diverse businesses and implements policies and procedures to promote diversity within the company and within its supply chain. Zevia expects Suppliers to have equivalent policies to promote diversity in their supply chain and purchase from diverse businesses. Suppliers agree to make a reasonable effort to utilize diverse suppliers and provide evidence to Zevia upon request.
Compliance and Documentation
Implement and maintain a reliable system to verify the eligibility of all workers, including but not limited to age eligibility, legal status of workers. Implement and maintain a reliable recordkeeping system regarding the eligibility of all workers. Implement and maintain proper documentation of wage payments for their internal records, providing proof of payment to workers in the workers' native language showing hours worked, wage amounts, and rates and deductions and ensure proof of payment is accurate and clearly calculated. Develop work-hour policies to ensure compliance with this Code of Conduct and applicable law and use an industry-accepted time-keeping system to track worker work hours.
Work Hours and Wages
Compensate employees relative to the industry and local labor market. Operate in full compliance with applicable wage, work hours, overtime and benefits laws, and offer employees opportunities to develop their skills and capabilities, and provide advancement opportunities where possible.
Provide a Safe and Healthy Workplace
Provide a secure, safe and healthy workplace. Maintain a productive workplace by minimizing the risk of accidents, injury, and exposure to health risks. Ensure that they do not, and any partners do not, support, engage in, or required any hazardous labor to be performed by any person under the age of eighteen (18). Ensure that all facilities meet all applicable building codes and industry design and construction standards, obtain and maintain all approvals and permits required by law.
Protect the Environment
Conduct business in ways which protect and preserve the environment. Meet applicable environmental laws, rules, and regulations.
Respect and protect the intellectual property rights of all parties, including third parties and comply with all applicable ownership rights.
Conduct business with integrity, respecting relevant laws and avoiding bribes and fraudulent practices Do not require any worker (or worker's spouse or family member) to directly or indirectly pay recruitment or other fees, incur debt, mike financial guarantees, or incur any other financial obligation
Freedom of Movement; Employment
Ensure that workers have the right to freedom of movement without delay or hindrance or the threat or imposition of any discipline, penalty, retaliation, or fine or other monetary obligation. Allow workers to terminate their employment or work arrangement without restriction or without the threat or imposition of any discipline, penalty, retaliation, or fine or other monetary obligation.
Grievance Procedure and Remedy
Provide workers with a mechanism to express grievances without fear of reprisal and ensure concerns are appropriately addressed in a timely manner.
Have appropriate and effective systems in place to control actions ensuring lawful compliance and respect for all human rights. Comply with all applicable national and local laws and regulations.
Suppliers shall self-report any violations of the Code of Conduct. Suppliers can also submit questions and comments regarding the SCC to Zevia's liaison set out below:
15821 Ventura Blvd, Suite 145, Los Angeles, CA 91436
Zevia will maintain confidentiality to the extent possible and Suppliers shall not retaliate or take disciplinary action against any worker who has, in good faith, reported violations or questionable behavior, or who has sought advice regarding this SCC.
These minimum requirements are a part of all agreements between Zevia and its direct and authorized Suppliers. Where this SCC requires Suppliers to meet a higher standard than set out by law or regulation, Suppliers shall meet such higher standards. Zevia encourages its Suppliers to develop and implement appropriate internal business processes to ensure compliance with the SCC.
Zevia continually evaluates the performance and sustainability of its Suppliers based on financial value, efficiency, innovation and risk. For Zevia's critical suppliers, Zevia carries out a number of detailed evaluations including a financial assessment and regular meetings to discuss issues such as performance, innovation and sustainability.
Zevia's procurement teams build long-term working relationships with Suppliers to ensure they can identify opportunities for improvement and work together towards common objectives. Zevia makes sure every buyer is aware of Zevia's expectations of Suppliers, knows how to evaluate them and is familiar with sustainability issues related to specific commodities.
It is Zevia's intention that the sustainability performance of its Suppliers will be rated by EcoVadis , an independent evaluation company. EcoVadis evaluates Suppliers for criteria such as environment, carbon management, human rights, and fair business practices.