Effective Date: August 04, 2020
Zevv is an eco-friendly full-service provider of mobile food and beverage vending solutions. Zevv operates www.zevv.com (the “Site“) and offers various products and services (collectively, the “Services“).PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
Acceptance of Terms
You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Site and/or the Services, as described in Section 13 (Termination and Survivability) of these Terms of Service. Your continued use of the Site and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SITE AND/OR THE SERVICES. By using the Site and/or the Services, You represent and warrant that:
Use of Services
Provided that you comply with these Terms of Service, Zevv grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access the Site, through a generally available web browser or mobile device, to view information and use the Services offered by Zevv.
To use the Site and/or the Services, You may be required to create a user account (“Account“). If You create an Account, You agree to provide Zevv current, complete, true and accurate information, and to update this information should it change. Zevv may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.
Some Services may require payment of fees to Zevv; if You purchase any goods or services that require payment of fees to Zevv, You agree to provide Zevv (or Zevv’s payment agent) with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify Zevv immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by Zevv. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that Zevv will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Zevv or another party due to someone else using Your Account or password.
ZEVV reserves the right to terminate or suspend Your ACCOUNT AND/OR access to the Site and/or the Services at any time, for any reason or no reason, with or without notice to you. ZEVV also reserves the right to change or discontinue any service or feature provided by ZEVV, including, without limitation, the Site and the Services, at any time and without notice. You agree that ZEVV shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.
In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.
Charges and Billing
You agree to pay any applicable fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to Zevv that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.
Ownership of Content
“Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Site and/or the Services, whether provided by Zevv or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF ZEVV AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY ZEVV, YOU, OR ANOTHER USER OF THE SERVICES.
You acknowledge that the Content, Services and Site are protected by copyrights, trademarks, and other proprietary rights owned by Zevv, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Zevv and its licensors do not grant You any express or implied rights, and all right, title and interest that Zevv has in the Site and/or the Services, that are not expressly granted by Zevv to You are retained by Zevv. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Zevv’s prior written permission, except that the foregoing does not apply to Your own posted submission.
You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Site and/or the Services.
You agree that any Content You submit does not create an obligation for Zevv to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to Zevv all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to Zevv, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in the Content.
Zevv does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”). You must not transmit any User Submission to or through the Zevv Site or to Zevv through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is:
Any use of the Services in violation of these terms of SERVICE will be regarded as an infringement of Zevv’S copyright rights in and to the content.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Site or Services, or any information obtained from the Site or the Services, without the prior express written consent of Zevv. You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever. You may not, under any circumstances, use the Content or the Services in any manner that is
Zevv Copyright Policy
You will refrain from posting any information or items to the Site or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Zevv infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Zevv a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
Notices and counter-notices with respect to the Site, including the Services, should be sent to the Zevv’s DMCA Agent for notice of claims of copyright infringement by sending a message to “Zevv DMCA Agent” through the contact form available at www.zevv.com with the subject line “DMCA Communication”. ZEVV’S DMCA Agent should be contacted only for the purposes set forth in this Section 9. All other inquiries directed to Zevv’s DMCA Agent will not be answered.
By providing Your email address to Zevv and/or otherwise subscribing to Zevv communications (including any notices, advertisements, or newsletters), You understand You may receive periodic information regarding current and future services offered on the Site and/or the Services and/or related third party products. You may unsubscribe at any time as described in such communications or by terminating Your Account as described in Section 13 (Termination and Survivability).
Jurisdictional Issues and Export Control Laws
The Site and/or Services are controlled and operated by Zevv from its offices within the United States. Zevv makes no representation that Content and other materials available through the Site and/or Services are appropriate or available for use in any other locations. Those who choose to access the Site and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.
Termination and Survivability
These Terms of Service are effective until terminated. Zevv may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 4 (User Accounts). You may terminate these Terms of Service and Your Account by sending a request for termination through the contact form available at www.zevv.com with the subject line “Account Termination”. Such termination will not be effective until acknowledged by Zevv.
The provisions of Sections 6 (Ownership of Content), 8 (Limitations), 9 (Zevv Copyright Policy), 13 (Termination and Survivability), 15 (Disclaimer of Warranty; Limitation of Liability), 16 (Indemnity), and 17 (Jurisdiction and Choice of Law) shall survive any termination of these Terms of Service.
Links to Third-Party Site
The Site may link to third party sites (“Linked Site“). These Linked Site are not controlled by Zevv. Zevv is not responsible for the information of the Linked Site, for the business practices or privacy policies of the Linked Site, or for the collection, use or disclosure of any information by the Linked Site. Zevv provides links to the Linked Site only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Zevv of any Linked Site.
You acknowledge and agree that Zevv does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Site. You agree that Your use of the Linked Site, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Site, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Site.
Zevv is not involved in any way in the actual transaction between the Linked Site and You. Zevv acts solely as a passive conduit for the Linked Site’ sales, distribution and the communication of Your information with regards to transaction with Linked Site.
You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Site’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.
You acknowledge that Zevv is not a part to any possible future disputes between You and the Linked Site. Resolution of any dispute is the full and sole responsibility of the involved parties and Zevv will not act as a mediator between them. You release Zevv, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
ZEVV PROVIDES THE ZEVV SITE AND/OR ZEVV SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE ZEVV SITE AND/OR ZEVV SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZEVV WILL HAVE ADEQUATE CAPACITY FOR THE ZEVV SITE AND/OR ZEVV SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. ZEVV DOES NOT WARRANT THAT YOUR USE OF THE ZEVV SITE OR THE ZEVV SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ZEVV SITE (OR ANY PART THEREOF INCLUDING THE CONTENT), THE SERVER(S) ON WHICH THE ZEVV SITE ARE HOSTED OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ZEVV PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE ZEVV PARTIES, OR BY YOUR OR OTHER USERS’ ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE ZEVV SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ZEVV SITE AND CONTENT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ZEVV OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, EMPLOYEES OR VISITORS, WHETHER MADE ON THE ZEVV SITE, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, SERVICES AND ANY CONTENT AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE ZEVV PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE ZEVV SITE AND/OR ZEVV SERVICES OR USE OF THE ZEVV SITE AND/OR ZEVV SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZEVV IS TO STOP USING THE SITE AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S).
IN NO CASE SHALL THE LIABILITY OF THE ZEVV PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID TO ZEVV OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE ZEVV PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH ZEVV.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ZEVV AND THE ZEVV PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ZEVV DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE ZEVV PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE ZEVV SITE AND/OR ZEVV SERVICES FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE ZEVV SITE AND/OR ZEVV SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ZEVV EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE ZEVV SITE AND/OR ZEVV SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THIRD PARTY ITEMS PURCHASED ARE DONE SO VIA AN AGREEMENT BETWEEN YOU AND THE THIRD PARTY.
TO THE EXTENT APPLICABLE, ZEVV RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE SITE THAT IT DETERMINES IN ITS SOLE DISCRETION IN VIOLATION OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING.
You agree to defend, indemnify and hold harmless Zevv and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of:
Jurisdiction and Choice of Law
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of New York. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of New York County, New York without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Site and/or the Services from locations outside of New York do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.
Zevv may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Zevv’s express prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notice to You
Notices to You may be made via posting to the Site, by email, or by regular mail, in Zevv’s discretion. Zevv may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on Zevv’s Site. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Zevv with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Zevv with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions, comments or complaints regarding these Terms of Service or the Site or Services, feel free to contact us by sending a message through the contact form available at www.zevv.com.
A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.