PRIVACY POLICY & TERMS

Superitalia UG, or any of its subsidiaries or affiliates (“Superitalia,” “we,” “us,” “our”), owns and/or operates Superitalia’s network of websites including https://www.yoursuperitalia.com, applications, and other related pages, content, features, software, and tools where these Terms of Service (“Terms”) appear or are linked, as well as products offered for sale via any of the foregoing (the "Services").

Acceptance of the Terms of Use

Please read the Terms carefully before you start to use our Services. By accessing or using any of our Services, you agree to be bound by these Terms and Superitalia’s privacy policy located here (“Privacy Policy”), which is incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement. If you do not agree to the Agreement, please do not use our Services.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION (SEE THE SECTION TITLED “DISPUTE RESOLUTION TERMS” BELOW) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS (OR ANY OTHER COURT PROCEEDINGS) OR CLASS ACTIONS OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. BE ADVISED THAT THESE TERMS ALSO CONTAIN DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY AND CLAIMS AGAINST US THAT MAY BE APPLICABLE TO YOU.

Modifications to the Terms of Use

We reserve the right to revise and update these Terms at any time in our sole discretion. Please check back from time to time to ensure you are aware of any updates or changes. All changes are effective immediately when we post them (see the “Last Updated” date set forth above), and apply to all access to and use of the Services thereafter. Use of the Services by you following such posting constitutes your acceptance of the Terms as modified.

Eligibility to Use Services

You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at info@yoursuperitalia.com.

Please not that e-mail communications are not always secure so please do not provide us with any sensitive information in your emails to us. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to Superitalia that: (i) you are an individual at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent's or guardian’s permission to do so (and by such use your parent or guardian hereby agrees to be, and will be, held jointly and severally liable for any and all claims arising from access to or use of any Service); (iii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services, and (v) if you access or use any Service (including registering an account or purchasing any product) on behalf of a company, organization or other entity, then (1) references to “you” and “your” herein refer to both you as an individual and that entity and (2) you represent and warrant that you are authorized to bind the entity to these Terms and that you expressly agree to these Terms on the entity’s behalf.

Accessing Services and Account Security

We reserve the right to withdraw, discontinue or amend any Service we provide, in our sole discretion with or without any notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal or other information you submit to us will be free from unauthorized third-party access. All information you submit to us is submitted at your own risk.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Rules of Conduct

While using the Services, you are required to comply with these Terms and all applicable laws, rules, and regulations. We expect you to respect the rights and dignity of others. Do not use the Services to harass, stalk, threaten, defame, or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Services. Do not: (i) access or use non-public areas of any Service or any of Superitalia’s or its licensors’ computer systems or networks, including probing, scanning or testing the vulnerability of any such system or network; (ii) record, process or mine information about other users or otherwise use any robot, spider, site search/retrieval application, or other automated device, process or means to access, search, retrieve, scrape or index any Service; (iii) except as expressly permitted herein, reproduce, republish, display, duplicate, copy, sell, resell, exploit, modify, transmit or create any derivative works based on any Service without Superitalia’s express written permission; (iv) remove, obscure or otherwise alter any proprietary notices appearing on any Service, including any copyright, trademark and other intellectual property notices; (v) interfere with the proper working of any Service, including without limitation by transmitting (or permitting to be transmitted) any virus, worm, trap door, Trojan horse, denial of service attach, malware or other malicious code or limiting routine, instruction or design; or (vi) otherwise engage in, or assist, permit or encourage any other party to engage in, any activity that Superitalia deems objectionable in its sole discretion.

We reserve the right in our sole discretion to restrict or terminate accounts that do not comport with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.

Superitalia reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Superitalia deems in its sole discretion to be an illegal or unauthorized use of the Services. Superitalia will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the Terms.

User-Generated Content

For any photos, images, text, graphics, audio, video, location information, comments and any other content, materials or communications (the “User Generated Content” or “UGC”) that you upload, post, submit or share via the Services, you agree to allow Superitalia to use and distribute such UGC in connection with our business, including Superitalia’s product feature, marketing, promotional, advertising and other consumer-related activities.

User Content License

You shall at all times retain ownership of your UGC. You hereby grant to Superitalia and its affiliates and related companies (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid up, non-exclusive, fully transferable, fully sublicensable (including through multiple tiers) right to copy, reproduce, modify, distribute, display, print, publish, broadcast, make derivative works based on, exploit and otherwise use (i) your UGC and (ii) your username, real name, voice, image, likeness, descriptions of you, location or other identifying information (“Name and/or Likeness”) as the same appears in connection with your UGC, in any manner and for any purpose to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties or their sublicensees, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives throughout the world, and in any media now or hereafter known, without further approval, notification or compensation.

Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. The Licensed Parties may choose to use, stop using, reuse or not use, or remove from any Services, your UGC or Name and/or Likeness at any time. The Licensed Parties’ use of your UGC or your Name and/or Likeness does not imply any endorsement of or any affiliation with you. You hereby waive any right to inspect or approve any use of the UGC or Name and/or Likeness by the Licensed Parties as permitted hereunder, and hereby waive any moral rights you may have with respect to the foregoing.

If you believe any content, including UGC, residing on the Services or displayed or used in connection with the Services infringes any person’s or entity’s copyright rights, please refer to the Superitalia “Copyright Policy” below.

Representations and Warranties Regarding User-Generated Content

You hereby represent and warrant that:

(i) you are not a minor, or you are the parent/guardian of all minors that created or are depicted in your UGC and Name and/or Likeness, if any, no such minor is under 13, and each such minor used the Services and is providing the UGC and Name and/or Likeness with your involvement and permission (and you hereby expressly agree as the parent/guardian to be bound by these Terms);

(ii) you are solely responsible for your UGC and Name and/or Likeness and have the full right, power and authority to grant the rights described in these UGC Terms;

(iii) you own all rights in and to your UGC and Name and/or Likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such UGC and Name and/or Likeness, such that you have all necessary licenses, rights, consents and permissions to publish the UGC and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your UGC;

(iv) the Licensed Parties’ use of your UGC and Name and/or Likeness as described herein will not infringe, misappropriate or otherwise violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary and other rights and laws;

(v) the UGC and Name and/or Likeness is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;

(vi) you are in compliance with, and the UGC and Name and/or Likeness comply with, all applicable terms and conditions of any relevant third party product, service or platform;

(vii) the UGC and Name and/or Likeness does not contain any computer virus or other malware that could affect any of the Services or third-party product, service or system; and

(viii) the UGC and Name and/or Likeness that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Privacy Policy.

If requested, you will sign any documentation and take such action in such manner and at such location as may be required to protect, perfect, register or enforce any of the rights you have granted to Superitalia under these Terms.

Intellectual Property

Copyrights

All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, video and UGC (also known as the "Content"), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Personal, Non-Commercial Use

The Services, and their Content, are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Superitalia) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of Superitalia, or from the copyright holder identified in such Content's copyright notice. You shall not store any significant portion of any Content in any form.

Technology and Software

The technology and the software underlying our Services is the exclusive property of Superitalia. Subject to your compliance with these Terms, Superitalia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Services, as provided by Superitalia in accordance with these Terms. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.

Trademarks

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Superitalia, whether or not appearing with a trademark symbol, belong exclusively to Superitalia, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Superitalia.

Procedure for Reporting Copyright Infringements

Superitalia takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature (or the signature of a person authorized to act on behalf of the owner of the applicable copyrighted work);
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Designated Copyright Agent

Our designated copyright agent to receive DMCA Notices is:

CORPORATE LEGAL COORDINATOR

TDDC Inc

310 Windward Avenue

Los Angeles

CA 90291

info@tddc.us

Counter Notification Procedures

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature (or the signature of a person authorized to act on behalf of the owner of the applicable copyrighted work);
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you reside outside the United States, for any judicial district in which Zevia may be found, and that you will accept service from the person (or an agent of that person) who provided notification of the alleged infringement.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

If we determine that an individual is the subject of multiple DMCA notices, then we may, in our sole discretion, take any number of steps, such as issuing warnings, suspending or terminating the individual's account, or any other measures that we deem appropriate.

Disclaimer of Warranties

THE SERVICES AND ALL OF THE TEXT, IMAGES, AND SOFTWARE AND ALL CONTENT, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, “MATERIALS”) ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ZEVIA OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE MATERIALS OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SUPERITALIA’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF ANY JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, SUPERITALIA MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.

Indemnity

You hereby fully release and discharge, and agree to indemnify, defend and hold harmless, Superitalia, its affiliates and related companies, and any person acting on their behalf (including without limitation their respective officers, employees, directors, agents, licensees and sublicensees, brand partners, production partners, social media platforms, contractors, successors, representatives, assigns, third-party service providers, retail partners, and marketing and public relations agencies), from and against any and all claims, suits, demands, loss, liability, damages, costs and expenses (including without limitation attorneys’ fees and other costs of legal defense) liability related in any way to or arising out of (i) your UGC or any Name and/or Likeness, or any of the Licensed Parties’ use of your UGC or any Name and/or Likeness, (ii) your breach of these Terms, (iii) your activities in connection with any of the Services or other Materials, (iv) your negligence or willful misconduct, or (v) personal injury, death or property damage in connection with your use or misuse of any product to the extent permitted under applicable law.

Privacy

For information regarding Superitalia’s treatment of personal information, please review our current Privacy Policy at https://www.yoursuperitalia.com/legal which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

Electronic Communications

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

Interaction with Third Parties

The Services may contain links to third party websites that are not owned or controlled by Superitalia, or that may be accessible by logging in through a third-party website. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third-party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under these Terms. Superitalia has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, Superitalia will not and cannot monitor, verify, censor or edit the content of any third-party site By using the Services, you expressly relieve and hold harmless Superitalia from any and all liability arising from your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Superitalia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Superitalia is under no obligation to become involved.

Links to Services

Unless otherwise set forth in a written agreement between you and us, if you desire to include a link to any Service on your website or to otherwise share a link to any Service, you must abide by our linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks (or any of our other indicia of origin); (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with or in any manner associated with Superitalia ; (iii) when clicked by a user, the link must display the applicable Service on full-screen and not within a “frame”; and (iv) we reserve the right at all times to deny use of a link to any Service on your website or your sharing of a link to any Service, in which case you shall immediately disable and remove the link.

Release of Claims

You hereby release Superitalia, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party in connection with the Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Terms of Sale

These Terms of Sale apply to the purchase and sale of products through the Services and are subject to change by Superitalia without prior written notice at any time, in our sole discretion. By placing an order through the Services, you confirm that you have read, understood, and agree to the Terms of Sale in their entirety and agree to be bound by them. If you do not agree to the Terms of Sale, please do not order any product through the Services.

General Requirements

By placing an order, you represent and warrant that:

You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes;
If you are a business, the product is being ordered on the Services solely to promote your own products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the product.

Product Descriptions

We use our reasonable endeavors to make sure that every product on the Services is shown accurately and that prices are correct. However, product descriptions, specifications, features and images are subject to change at any time without notice, and occasionally there may be small variations in color, typefaces and layout. We do not warrant, represent, undertake or covenant in any way that any product description or related information, material or content accessible using the Services will be accurate, complete, reliable, current or error-free, and we are not responsible for errors (typographical or otherwise) in any of the foregoing.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. When you place an order (by choosing your product and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A contract of sale between you and Superitalia is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no contract of sale will have been made. From time to time, we may not be able to accept an order, including for the following reasons: (i) where we cannot obtain authorization for your payment; or (ii) If you do not meet any eligibility criteria set out in these Terms of Sale or these Terms. We reserve the right to cancel your order at any time and issue a full refund. We reserve the right, but are not obligated, to limit the sales of products to any person, geographic region or jurisdiction.

Prices and Payment Terms

All prices posted on the Services are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit or debit cards, PayPal, Shop Pay, or Google Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Orders containing multiple items may be shipped separately.

Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Circumstances Beyond Our Control.

Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform under these Terms, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include, but not be limited to, any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.

Returns and Refunds

Please see our refund policy at https://www.yoursuperitalia.com/legal for any orders damaged in transit, lost orders, or wrong orders. Unfortunately, we do not accept returns or exchanges of product.

Subscribe and Save Program Terms

If you enroll in our “Subscribe and Save” subscription program when you place an order for Products through the Services, you are: (i) signing up for and agreeing to automatic, continual shipments (each, a “Subscription Order”) of all such Products that are eligible for the subscription program (“Subscription Products”) in accordance with the schedule you select during checkout; and (ii) expressly authorizing Superitalia to charge your payment method on a recurring basis as set forth herein without further affirmative authorization from you. Subscription Products may be eligible for an additional percentage discount on Superitalia’s everyday low prices. You may change your Subscription Order shipping schedule, shipping method, shipping address and payment method and the Subscription Products included in your Subscription Orders at any time (provided that such changes will not apply to any Subscription Order authorized in accordance with these terms prior to Zevia’s receipt of your change request). Such changes may be made by signing into your account on https://www.yoursuperitalia.com and selecting the “Manage Subscriptions” link under Account Details or Order History.

Your subscription program (and the associated Subscription Orders) will continue until canceled by you (provided that such cancellation will not apply to any Subscription Order authorized in accordance with these terms prior to Superitalia's receipt of your cancellation request). You may cancel at any time by signing into your account on https://www.yoursuperitalia.com and selecting the “Manage Subscriptions” link.

When you place your initial Subscription Order, your payment method will be charged and the Subscription Order will be processed immediately. For each subsequent Subscription Order (which will be placed automatically per the schedule you have selected), at least three days prior to the date you are scheduled to be charged, you will receive a pre-shipment email notification reminding you of your upcoming shipment that includes (i) the prices for the Subscription Products in the applicable Subscription Order, as well as all applicable discounts, taxes, fees, shipping charges and other charges (collectively, the “Total Fees”), (ii) the period during which you may request changes to the applicable Subscription Order, and (iii) the scheduled shipment date. Following your receipt of such notification, you may edit or cancel such Subscription Order through our website, your https://www.yoursuperitalia.com, until 11:59 pm. Eastern Time on the day immediately preceding the applicable shipment date. If you do not cancel the Subscription Order by such time, the Subscription Order will be deemed authorized, and a credit card authorization hold will be placed on your payment method in the amount of the Total Fees. You will see a pending charge during this time as we process the Subscription Order. Once your Subscription Order is processed and shipped, your payment method will be charged for the Total Fees. Note that a payment authorization hold is not an actual charge, and although the hold may appear on your payment method account, you will be charged only one time for each Subscription Order. A payment authorization hold may impact the amount of credit available to you under your payment method. Any credit balances you may have on your subscription program account may be applied toward the balance of your order and Zevia will charge the remaining balance to your payment method. If we are unable to process payment, you will receive a “card declined” notification. If a valid payment method is not updated within the account, our system will wait a day and then send out an additional notification each day, for up to 8 days. If a valid payment method is not updated within the account after the 8th day, you will receive an email cancelling the Subscription Order, any active subscriptions, and removing any pending charges.

Superitalia reserves the right to change or cancel the “Subscribe and Save” program (or any element or benefit thereof, including without limitation eligible Products, Subscription Product prices, discount amounts, delivery schedule and delivery method options, payment method options, and terms and conditions applicable to the program), at any time, with or without notice to you (provided that Superitalia will not change prices for a Subscription Order that has been authorized in accordance with these terms). You expressly acknowledge and agree that certain elements, benefits and offers of your subscription program may change over time (for example, prices, discounts, availability, shipping charges and taxes), and Superitalia does not guarantee that any of the foregoing will remain the same during your subscription program. All Subscription Products are subject to availability. Superitalia reserves the right, in its sole discretion, to cancel any Subscription Order or terminate your subscription program at any time, with or without notice to you, including without limitation due to an invalid payment method. Your subscription program is personal to you and may not be assigned or transferred to any third party. Your subscription program, and all Subscription Orders and Subscription Products, are subject to all terms and conditions set forth under “Terms of Sale” above and all other terms and conditions of this Agreement.

Reporting a Problem

If for any reason you are not happy with your order, please contact us using our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 3 working days and will do our best to resolve it within 30 days.

Dispute Resolution Terms (Please Read Carefully)

Binding Arbitration

Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Zevia agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act.

You and Superitalia agree to arbitrate any and all disputes, claims, or causes of action arising out of, in connection with, or relating to use of the Services or any aspect of the relationship between you and Superitalia (each, a “Dispute”). The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, we will pick another arbitrator pursuant to 9 U.S. Code § 5. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

Arbitration is a method of claim resolution that uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

Choice of Venue and Law

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. You agree that any Disputes requiring an in-person appearance shall be heard exclusively in Los Angeles, California unless otherwise agreed to by the parties or determined by the arbitrator. You content to jurisdiction in the State of California for all purposes. Notwithstanding the foregoing, if you are a resident of the United States, you may assert claims in small claims court in the state of California if your claims qualify, and we may pursue any collection action against you in any court of competent jurisdiction.

These Terms and your use of the Services are governed by the laws of the State of California, without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Miscellaneous

Notices

Notices to you may be made via posting to the Services, by email, or by regular mail, in our sole discretion. Notices to us should be made using the contact information included on our website.

Waiver and Severability

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Superitalia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Superitalia’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Entire Agreement

You and Superitalia agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

No Assignment; No Agency

This Agreement is not assignable, transferable or sublicensable by you except with Superitalia’s prior written consent. Superitalia may transfer, assign or delegate this Agreement and the rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Superitalia in any respect whatsoever.

Termination and Survival

These Terms are effective from the date on which you first access any Service and shall remain effective until terminated in accordance herewith. We may immediately terminate these Terms, and/or your access to and/or use of any Service, at any time and for any reason, with or without cause, without prior notice. Upon termination of these Terms, your right to access and use our Services shall immediately and automatically terminate and you shall cease all access to and use of our Services. In the event of termination of these Terms for any reason, all of your payment obligations and all provisions of this Agreement which by their nature are intended to survive performance hereof by you or Superitalia, including, without limitation, ownership provisions, disclaimers, indemnities, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Services may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. If you engage in any fraudulent or unsportsmanlike activity or act contrary to the applicable rules, these Terms or any laws, your participation and account privileges may be suspended or terminated, resulting in the loss of offers, prizes or other items.

Geographic Restrictions

Our Services are intended only for use in the country(ies) in which the applicable Service is made available or sold. We make no representation or warranty that any Service is available or appropriate for use outside of the applicable jurisdictions where we elect to make it available. If you access or use any Service outside of such jurisdictions, you do so at your sole risk and you are responsible for complying with your local applicable law.

Information or Complaints

If you have a question or complaint regarding the Services, please send an e-mail to info@yoursuperitalia.com.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the California Department of Consumer Affairs, consumer information center by mail at 1625 North Market Blvd., Suite N 112, Sacramento, Ca 95834, or by telephone at +1-800-952-5210.