Terms and Conditions

The following terms and conditions (“Terms of Service” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Del Ray Beverages LLC and its respective subsidiaries, parents and affiliates (collectively, “Del Ray Beverages LLC” or “Company” or “we” or “us” or “our”), governing your access to and use of the www.enjoydelray.com website, as well as any other media form, media channel, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference.

Please note: These Terms of Service between us contains an arbitration clause and class action waiver that requires you and Del Ray Beverages LLC to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

By accessing, browsing, or otherwise using the Site, you agree to be bound by and abide by the Terms of Service, including those additional terms and conditions and policies referenced or linked herein (including the Privacy Policy). 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. If you do not agree to all the terms and conditions contained herein, then you may not access the Site 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 current Site 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 in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT DEL RAY BEVERAGES LLC MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.

Age Requirements

In order to access the site and use the Service, you must be at least twenty-one (21) years of age and fully able and competent to enter into and abide by these Terms. Individuals under the age of twenty-one (21) are not permitted to use the site or the Service. By accessing the site or using the Service, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. Our Products and any statements made regarding Our Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. By accessing this Site, you acknowledge the information provided on this Site, within any of Del Ray Beverages LLC’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.

Del Ray Beverages LLC makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized. Del Ray Beverages LLC reserves the right, without notice, to change its Product formulations from time to time to comply with changing federal and state laws. To the best of Del Ray Beverages LLC’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are, including staying informed and reading ingredients contained in our Products before purchase. You expressly acknowledge that you are familiar with applicable laws and assume full responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the Products on the Site in your state and local municipality.

You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase Del Ray Beverages LLC’s Products or use our Services in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.

Safety Acknowledgment

Please consult your healthcare professional about potential interactions or other possible complications before using any product. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.

Del Ray Beverages LLC shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products. Keep Products out of reach of children and animals.

Consumption of Hemp-Derived Cannabinoids and Drug Testing

The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Del Ray Beverages LLC cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Del Ray Beverages LLC guarantee that use of Del Ray Beverages LLC’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.

Your use of Del Ray Beverages LLC’s Products is at your own risk. Del Ray Beverages LLC is not responsible for any personal adverse employment or professional action related to your use of the Products.

Registration and User Information

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or Services, and to terminate or suspend your access at any time without notice.

In order to purchase Products from the Site you must complete the checkout process to become a customer. You will be required to provide your name, address, email address, phone number (“User Information”). You must provide complete and accurate information during the registration process. You have an ongoing obligation to update your User Information if and when it changes.

Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference. An age verification confirmation will occur during the checkout process in order to confirm that you are of legal purchasing age. Only persons of legal purchasing age and that have confirmed their age can purchase Products, use our Services, and participate in any promotions or offers.

You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your account, username, or password. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

You agree that you will not create more than one account. By registering and obtaining an account you affirm you will follow the Terms of Service. Your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Del Ray Beverages LLC.

For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Del Ray Beverages LLC in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

In addition, you are prohibited from using the Site or its Content (as defined herein):
(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, including violating anyone’s copyrights or trademarks or their rights of publicity;
(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 Site, Services, 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;
(k) to solicit funds, advertisers, or sponsors; or
(l) to interfere with or circumvent the security features of the Site, Services, or any related website, other websites, or the Internet.

We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.

Although under no obligation to do so, Del Ray Beverages LLC reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Del Ray Beverages LLC nor any third party that provides Content to Del Ray Beverages LLC will assume or have any liability for any action or inaction by Del Ray Beverages LLC or such third party with respect to any submission.

Copyrights and Copyright Agent

Del Ray Beverages LLC respects the intellectual property of others and, in this regard, it is Del Ray Beverages LLC’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law. Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user’s access to the Site.

If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Del Ray Beverages LLC’s Copyright Agent the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
• A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:
Copyright Agent
c/o Del Ray Beverages LLC
449 East Lafayette Street, Norristown, PA 19401
(717) 400-5799
Support@EnjoyDelRay.com

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Del Ray Beverages LLC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Del Ray Beverages LLC considers insecure, Del Ray Beverages LLC will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

If you become involved in any violation of system security, Del Ray Beverages LLC reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. Del Ray Beverages LLC reserves the right to investigate suspected violations of these Terms of Service.

Del Ray Beverages LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Del Ray Beverages LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DEL RAY BEVERAGES LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEL RAY BEVERAGES LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DEL RAY BEVERAGES LLC OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information

The material and content accessible from this Site, as well as any other media form, media channel, mobile application or mobile website related or connected thereto that is owned, operated, licensed, or controlled by Del Ray Beverages LLC, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”), is the proprietary information of Del Ray Beverages LLC or the party that provided the Content to Del Ray Beverages LLC.

Del Ray Beverages LLC and its content providers retain all right, title, and interest in the Content. Accordingly, the Content may not be used, copied, distributed, sold, resold, republished, licensed, uploaded, posted, or transmitted in any way without the prior written consent of Del Ray Beverages LLC, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use.

In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Del Ray Beverages LLC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site or Services.

Trademarks

Trademarks, service marks, and logos appearing on this Site are the property of Del Ray Beverages LLC or the party that provided the trademarks, service marks, and logos to Del Ray Beverages LLC. Del Ray Beverages LLC and any party that provided trademarks, service marks, and logos to Del Ray Beverages LLC retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this Site.

Third-Party Links

Certain Content and Services available via our Site 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. You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site.