­­­­­­eComm, Credit App and Website Policies and Disclaimers

1. Terms of Service

 

TERMS OF SERVICE OVERVIEW

Welcome to the Shopjevo.com, the website for Jevo® customers (this Website). This website is operated by Food And Beverage Innovations, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Shopjevo.com. Shopjevo.com offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site including without limitation Users who are browsers, vendors, customers, merchants  and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions set forth herein, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the Jevo Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Service.

 

SECTION 1.1 - ORDERS AND SALES

The ShopJevo.com Customer Order-Entry feature associated with the Service is provided solely to permit a User to determine the availability of Company products and to place legitimate orders (for a User or for another person for whom User is legally authorized to act) or otherwise transact business with Company, and for no other purposes. A User agrees to abide by the terms or conditions of use imposed by Company with whom User elects to deal including, but not limited to, payment of all amounts when due.

 

The terms of any order, sale, confirmation, including payment, delivery and credit terms, as well as any warranties, responsibilities or obligations with respect to products or services (other than the Service), will be governed by the sales, service master distribution or other agreements between Company and a User (the "Sales Agreements"). Nothing in this Agreement affects such substantive terms of orders, confirmations and sales; rather this Agreement solely relates to the use of the Web Site and the Service and facilitates the making of such orders, confirmations and sales electronically. Without limiting the foregoing, User understands that Company may accept or reject User's offer to purchase; and the mere inclusion of a product on or through the Site or any other Site of Company does not constitute an offer.

 

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings included are for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We attempt to be as accurate as possible. However, we do not warrant that product descriptions made available on this site are accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - PRODUCTS OR SERVICES

 

Certain products or services we offer may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Return Policy.

 

SECTION 6 - OPTIONAL TOOLS

 

We may provide you with access to third party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 7 - THIRD PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third parties.

 

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 9 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Food And Beverage Innovations, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 13 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 14 - TERMINATION

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 15 - ENTIRE AGREEMENT

 

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 16 - GOVERNING LAW

 

These Terms of Service and Privacy Policy and other policies whereby we provide you the Service shall be governed by and construed in accordance with the laws of 16170 SW Upper Boones Ferry Rd. Portland Oregon US 97224.

 

SECTION 17 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 18 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at Legal@foodbevinnovations.com.

 

 

2. Return Policy:

 

Damaged Items Received:

If you received an order that contains damaged goods, please contact us within 5 business days of receiving the order and we will assist you in replacing the damaged items. Damaged items should be in their original containers, and in the case of flavor pods, must be otherwise unopened. Please have your order number handy and contact our Customer Service Department for assistance.

 

Ordered Items Missing or Incorrect:

 

Please contact our Customer Service Department within 5 business days of receiving the order and we will assist you in replacing missing items. Incorrect items should be in their original packing and ready for pickup.

Changes and Cancellations:

Unfortunately, once an order is in process, we are unable to edit or cancel the order. Please understand that the ordering process is automated in most cases and the orders are printed immediately in our distribution center and processed without delay. You may choose to refuse your order or contact Customer Service as soon as possible as in some cases; we may be able to assist you.

 

Please note: you will be charged for this shipment but will be credited when it is returned to us. We apologize for any inconvenience but hope that in the majority of cases our quick processing will work to your advantage.

 

I don’t like the flavor I chose:

Flavor pods are not eligible for return or exchange. Our flavors are available in variety packs. We recommend that you order these packs when trying new selections.

 

 

Returns

Our return policy allows returnable items to be returned within 30 days after delivery to you. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

 

Several types of goods are exempt from being returned. Perishable items like our flavor pods cannot be returned.

 

Additional non-returnable items:

Cups are not returnable. Promo items. Coasters. Jevomedia ads. Digital ads are not elugable for returns.

 

Refunds (if applicable)

 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

Late or missing refunds (if applicable)

 

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

 

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at customersupport@getjevo.com.

 

need to exchange it for the same item, send us an email at customersupport@getjevo.com and send your item to: 16170 SW Upper Boones Ferry Rd. Portland Oregon US 97224.

 

Shipping

To return your product, you should mail your product to: 16100 SW 72nd Ave., Portland, Oregon, 97224

 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

 

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

3. Privacy Policy

 

PRIVACY STATEMENT

 

----

 

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

 

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

SECTION 2 - CONSENT

 

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at customersuccess@getjevo.com or mailing us at:

Shopjevo.com

16100 SW 72nd Ave. Portland Oregon US 97224

 

SECTION 3 - DISCLOSURE

 

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

SECTION 4 - SHOPIFY

 

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

 

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

 

SECTION 5 - THIRD PARTY SERVICES

 

In general, the third party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECTION 6 - SECURITY

 

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

SECTION 7 - COOKIES

 

 Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

 _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

 _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

 _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

 _secure_session_id, unique token, sessional

 storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

 

 

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION

 

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at legal@foodbevinnovations.com or by mail at

Shopjevo.com

[Re: Privacy Compliance Officer]

16100 SW 72nd Ave. Portland Oregon US 97224

 

 

 

 

4. Website Content and Limits of Use

We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Content") is owned or licensed by Company.

The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.

 

Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company.

 

Except for information, products or services clearly and specifically identified as being supplied or endorsed by Company, Company does not endorse any products or services on this Site or other sites linked to or from it. Company may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.

 

 

 

5. Trademark Notice:

 

 

Company names and logos and all related product and service names, design marks and slogans are the proprietary property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.

 

 

 

6. Product Information, Pricing and Availability:

 

The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

 

In connection with placing an order, you may be asked by Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Company or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

 

 

 

 


         1.0. Auto Flavor Pod Replenishment; Cancellation Policy
         Auto Flavor Pod Replenishment. We offer custom auto replenishment for our Jevo machine flavor pods (each, a “Flavor Pod Replenishment”) which allows flavor pods to be ordered and shipped automatically (we call these “auto-replenishments”). This means that you will be billed at the time the order is processed using the billing method stated in your account. Your billing method can be found on your My Account page under the “Billing Information” heading. Orders are processed and billing depends on your auto-replenishment “auto reorder level” settings you select on your Auto Replenishment Management page. Charges are non-refundable, except as provided by these terms or when required by law. Your auto replenishment order will automatically be billed unless you cancel the favor auto-replenishment through your online Auto Replenishment Management page, or by contacting our customer support team. You may cancel auto replenishment on part or all of your flavor pods at any time, and will be effective within 1 business day, in which case you will not be shipped affected products automatically. The auto replenishment feature requires that your Jevo be online and connected to the internet.


For more information about our Flavor Pod Replenishments, please visit the Flavor Pod page on our website and our FAQs. Note that we do not currently offer all payment methods for Flavor Pod Replenishments, so please visit our FAQs page to see payment methods offered.

 
         Continuous Replenishments. When you setup for a flavor pod replenishments, you expressly acknowledge and agree that (a) Food and Beverage Innovations, LLC (or our third party payment processor) is authorized to charge you on a per-order delivery basis for your flavor pod replenishment (in addition to any applicable taxes and other charges) for as long as your flavor pod replenishment continues, (b) Jevo is connected to the internet, and (c) your flavor pod replenishment is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.  You may skip your flavor pod order as often as you'd like by managing your reorder level on your Auto Replenishment Management page or by contacting your customer care agent.
 
         Cancellation policy.  In order to cancel your flavor pod replenishment, on or before the reorder level condition is met, as reflected in your auto replenishment configuration you must either “remove” the flavor pod from the configuration or email us at support@jevomaker.com.  Any flavor pod order that has a delivery date scheduled that precedes the change date has been processed and cannot be cancelled, and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your auto replenishment.
 
         In the event you cancel your Flavor Pod Auto Replenishment, please note that we may still send you promotional communications about Jevo, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
 
         2.0. Gifts
 
         You have the ability to purchase flavor pods for other people through the site. We offer various pod cases, so please visit the flavor pods page on our website and our FAQs for more information.
 
         When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create a ShopJevo account in order to access the Sites and redeem the Gift. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law. However, Gifts do not expire, and any unused balance will be placed in the Gift recipient’s ShopJevo account.
 
3.0. Free Trials
 
         From time to time, to the extent legally permitted, we may offer free trials of certain flavor pods for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
 
Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your auto replenishment (plus any applicable taxes and other charges) for as long as your auto replenishment continues, unless you cancel your auto replenishment prior to the end of your free trial. Instructions for canceling your auto replenishment are described in sections above. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your auto replenishment has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
 

4.0. Deliveries
 
         You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Flavor Pods arrive in an ambient temperature condition. If you have any other reason to believe that any Product in your delivery is not suitable for consumption, contact us at Support@jevomaker.com. To maintain the quality and integrity of the Products, we recommend that you immediately properly maintain all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling. We also recommend that all gelatin making up instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
 
The courier will generally leave the package for you at your business delivery entrance. Our ingredients are packaged to protect the ingredients from direct weather exposure, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Flavor Pod ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your ShopJevo account, such as requesting that your delivery be left with an employee or receiving center. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

         In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.

 

5.0. No Resale
 
You are not permitted to resell or otherwise use the Products for commercial purposes. 

7. Copyright Infringement Notice:

(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent at the following:

Food and Beverage Innovations, LLC
16100 SW 72nd Ave. Portland Oregon US 97224

Attention: Andy Craig, General Counsel,
or, via e-mail to: legal@foodbevinnovations.com

(b) All claims of infringement must be in writing and must contain the following information:

   •  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

   •  identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

   •  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

   •  information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

   •  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 the law; and

   •  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.

 

 

 

8. Fraud Prevention:

 

Company reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Company reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by Company regarding fraud or suspected fraud are binding and final.

 

 

 

9. Website Warranty Disclaimer:

 

Our expressly acknowledge and agree that use of the site is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. All content on the site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Company expressly disclaims any duty to update or revise the content on the site, although company may modify the content at any time without notice. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site. The company makes no representations or warranties that use of the website will be uninterrupted or error-free or that defects will be corrected, or that the functions contained in the site will function with other software or hardware, or within a particular system. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the site is free of viruses or other harmful components. You further acknowledge that company shall not be liable for any damages of any kind related to your use of the site. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion may not apply to you.

 

 

 

10. Limitation of Liability:

 

In no event shall company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

 

 

 

 

11. Under Age Viewers:

 

This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

 

12. Export Restrictions:

You acknowledge that any related software is of U.S.-origin, and agree to comply with all applicable international and national laws that apply to any Site, as well as end-user, end-use and country destination restrictions issued by the U.S. and other governments.