Terms & Conditions
LYONHEART LLC, DBA DAILY EDGE DRINKS
Updated: February 17, 2020
Welcome to Daily Edge!
Thanks for your interest in Daily Edge Drink’s products and services. The products and services are provided by Daily Edge Drinks (“we” or “Daily Edge”), located at 30767 Gateway Place, Rancho Mission Viejo, CA 92694, United States.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through arbitration on an individual basis and not as part of any class or representative action.
Changes to Terms.
The date that Daily Edge has most recently updated these Terms is set forth above. We reserve the right to change these Terms. We will notify you of any material change to these Terms by posting notice on this webpage. When possible, we will post notice in advance of our changes. Your continued use of this Website or any of the Services after the date of any update of these Terms constitutes your acceptance of the amended Terms.
YOU MUST BE AT LEAST 13 YEARS OLD TO USE THIS WEBSITE OR ANY OF THE SERVICES. By accessing, using or submitting information to or through this Website or any of the Services, you represent that you are at least 13 years old.
If you are between age 13 and the applicable age of majority, then you may only use this Website and the Services under the supervision of your parent or legal guardian. If you are the parent or legal guardian and consent to your minor child’s access to and use of this Website or any of the Services, you agree to be bound by these terms on behalf of yourself and your minor child.
While using this Website and the Services, you will not:
•Create a false identity or impersonate any person;
•Disrupt or attempt to disrupt the proper working of this Website or any of the Services;
•Transmit to or through this Website or any of the Services any advertisement, solicitation, junk mail or other unsolicited or unauthorized commercial or promotional content;
•Use any spambot, botnet or other bot, scraper or other automated means to access this Website or any of the Services or transmit any virus, worm, Trojan or other malware to or through this Website or any of the Services;
•“Frame” or “mirror” any part of this Website or any of the Services;
•Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of this Website or any of the Services;
•Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by Lemon Perfect in its sole discretion); or
•Assist any person in engaging in any of the activities described above.
Daily Edge may terminate your access to this Website or any of the Services in its sole discretion, without notice to you, for any violation of these Terms.
Certain of the Services, such as mobile applications, sweepstakes, offers, contests and other services, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services.
Certain of the Services may require text messaging (SMS or MMS) capability. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider.
Copyright and Intellectual Property Policy.
All trademarks, names and logos appearing on this Website or in any of the Services, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Daily Edge.
The use or misuse of these trademarks or any other content on this Website or any of the Services is strictly prohibited. You may not, without Daily Edge’s permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system.
Your use of this Website or any of the Services is limited to personal and non-commercial use. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display this Website’s or any of the Services’ Content for public or commercial purposes. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on this Website’s or any of the Services’ servers, violate the security of this Website or any of the Services, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.
Daily Edge may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe on or repeatedly infringe on the copyrights or other intellectual property rights of Daily Edge or others.
User Submitted Content.
This Website and the Services may allow users to post text, images, audio, video, links to other sites, or other content to this Website and the Services. As a consequence, you may see materials that have been submitted to this Website or any of the Services by individuals not affiliated with Daily Edge. Daily Edge does not endorse these individuals, nor are we in any way associated with any of the materials that they may post. Daily Edge shall not have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.
By submitting any content to this Website or any of the Services, you understand and agree that you are giving us a royalty-free, irrevocable, non-exclusive and sublicensable license to use, reproduce, publish, distribute, perform, or display any creative derivative works from any such user submissions, in whole or in part, in any form, including for promotional or marketing purposes. You agree not to disparage, defame, or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.
If you believe your copyrighted work has been used on this Website or any of the Services in a way that constitutes copyright infringement, please send a DMCA takedown request to Daily Edge’s Copyright Agent with the following information:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
2. A description of where the material that you claim is infringed upon is located on this Website or the Services, with enough detail that we may find it;
3. Your address, telephone number and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on the copyright or intellectual property owner's behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Daily Edge’s Copyright Agent for notices of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Daily Edge Drinks
30767 Gateway Place
Rancho Mission Viejo, CA 92694
Disclaimers of Warranties and Limitations of Liability.
You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Daily Edge specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Daily Edge does not warrant that (a) this Website and the Services will meet your requirements, (b) operation of this Website and the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Daily Edge or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL DAILY EDGE DRINKS BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF DAILY EDGE DRINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Daily Edge would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of California, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Daily Edge agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND DAILY EDGE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION AND THAT YOU AND DAILY EDGE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND DAILY EDGE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Daily Edge and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively, the “Daily Edge Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, “Covered Disputes”) will be settled by binding arbitration in the State of California administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced notice of its intent to file for arbitration. Daily Edge will provide such notice by e-mail using the contact information you have on file with Daily Edge, and you must provide such notice to Daily Edge by e-mail to:
LyonHeart LLC, DBA Daily Edge Drinks
Attn: Legal Department
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Daily Edge and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Daily Edge nor you is entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.
IMPORTANT NOTE: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Daily Edge under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this section.
United States Only.
Unless otherwise specified, the materials on this Website and in the Services are presented solely for the purpose of promoting products and services available in the United States.