TERMS OF SERVICE

GEN Z BRANDS

This website is operated by Deer Lake Springs, LLC d/b/a Gen Z Brands, an Oklahoma limited liability (“Gen Z,” “we,” “our,” or “us”). These terms of service (“Terms of Service”) set forth the terms and conditions under which you are authorized to use our Website.

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

DESCRIPTION OF SERVICE

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

MERCHANDISE AND PURCHASES

Through the store section of the Website (“e-Store”), we offer a variety of merchandise for sale. We cannot guarantee the availability of a particular product at any particular time. We reserve our right to change the merchandise offerings on the Website, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Website from time to time in our sole and absolute discretion. When you visit the Website or e-Store or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or e-Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. We use Shopify to manage the transaction purchase process. Any information you provide in connection with such transactions, including credit card information, and other personal information, are managed through Shopify, and will be subject to Shopify’s Privacy Policy, Refund Policy and Terms of Service, which are accessible during the checkout process. We do not retain or share any such information. Additionally, we use Klaviyo to help manage our customers’ emails and monitor users’ carts, and activity on our Website – you can review the Terms of Service of Klaviyo at https://www.klaviyo.com/legal/terms-of-service.

SMS MESSAGING SIGN-UP

By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, and then by responding YES to a text message confirming your sign-up, you have consented to receive marketing messages from us. Standard message and data rates may apply. You may opt-out at any time by texting STOP in response to any of our messages. You may request help at any time by texting HELP in response to any of our messages or by emailing customer service at hello@drinkgenz.com.

ADDITIONAL POLICIES AND AGREEMENTS

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

Your purchase of products on our Website may be subject to additional terms and conditions, including our policies on product returns or exchanges, which will be presented to you when you make a purchase.

REGISTRATION/ACCOUNT SET UP

Certain features of our Website may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Website to receive information, subscribe to email lists, or enter a promotion or giveaway.

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

MINORS

Our Website is not intended for children under 16 years of age. No one under the age of 16 may provide any personal information to or use the Website. Our Privacy Policy further describes how we treat the collection of personal information for children under the age of 16.

MODIFICATIONS AND INTERRUPTION TO THE WEBSITES

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

THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT

Certain areas of the Website and our payment processing functions may be operated on behalf of Gen Z by third parties, and may be subject to the terms of service and/or privacy policies of those parties. Gen Z is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

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

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

YOUR REPRESENTATIONS

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

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR COUNSELING ADVICE. INFORMATION AND STATEMENTS REGARDING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR HEALTH CONDITION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

INDEMNIFICATION

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

USER-SUBMITTED CONTENT AND USER CONDUCT

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

You agree that you will not use our Website to transmit or make available any Content that:

  • violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;

  • infringes any intellectual property rights or other rights of any party;

  • violates any person’s rights of privacy or publicity;

  • you know or have reason to know is false, misleading, or fraudulent;

  • you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • employs any techniques to disguise the origin of the Content submitted;

  • contains any unsolicited or unauthorized advertising or promotional materials;

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

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

You further agree not to use our Website to:

  • engage in any conduct which might be harmful to any individual;

  • impersonate or misrepresent your affiliation with any person or entity;

  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

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

USER CONTENT

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

USER FEEDBACK

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

COPYRIGHT AND TRADEMARK INFORMATION

All Content, copyrights, and other intellectual property rights in the Content available on our Website, including without limitation Website design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Gen Z, with all rights reserved, or in some cases may be licensed to Gen Z by third parties. This Content is protected by the intellectual property rights of Gen Z or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web Websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Gen Z.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

In the event that you find Content posted on our Website which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owners 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 Website are covered by a single notification, a representative list of such works at that Website;

  • 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 to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

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

  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your notice of alleged infringement via email to hello@drinkgenz.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Gen Z to terminate use of our Website by repeat infringers in appropriate circumstances.

ARBITRATION

Any dispute arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, shall be submitted to confidential, binding arbitration in Tulsa, Oklahoma, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Service may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Tulsa, Oklahoma, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

GOVERNING LAW

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

COMPLIANCE WITH LAWS

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

CHANGES TO THESE TERMS

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

OTHER TERMS

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

CONTACT US

If you have any questions about these Terms of Service, please feel free to contact us by email at hello@drinkgenz.com or by mail using the details provided below:

GEN Z Brands

4500 S. 129th E, STE. 115,

Tulsa, Oklahoma 74134

Effective Date of this Terms of Service: March 8, 2021