Terms of Service (Product)
LAST UPDATED May 4th, 2021
THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN CUSTOMERS AND ELEVATED INTUITION LLC, D.B.A “SIP-LIN®E” AND IMPACT THE LEGAL RIGHTS OF BOTH. PLEASE READ THEM CAREFULLY BEFORE USING “SIP-LINE”
IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Terms of Service
By putting a check mark in the box “I agree to ELEVATED INTUITION LLC’s Terms of Service”, You acknowledge that You have read, understood and agreed to be legally bound by and comply with these Terms of Service. If You do not agree with any of these Terms of Service, You should contact sip-line.comto discuss Your concerns.
You agree to pay all fees due. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your order, You authorize Elevated Intuition LLC, our affiliates or our third-party payment processors on behalf of Elevated Intuition LLC. to charge the amount due.
4. Intellectual Property
Elevated Intuition LLC is the sole and exclusive licensee of the technology utilized Elevated Intuition LLC d.b.a “Sip-Line® the “Elevated Intuition LLC Technology”), with the right to sublicense, of the Elevated Intuition LLC Technology and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Elevated Intuition LLC d.b.a “Sip-Line Technology, shall be owned solely and exclusively, including all intellectual property rights therein, by the Elevated Intuition LLC d.b.a “Sip-Line Technology licensor. You have permission to use the Elevated Intuition LLC d.b.a “Sip-Line Technology solely for Your personal and non-commercial use on the condition that You comply with these Terms of Service. No other right, title or interest in or to Elevated Intuition LLC d.b.a “Sip-Line Technology is transferred to You, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through Elevated Intuition LLC d.b.a “Sip-Line may constitute trademarks, trade names, services marks or logos (“Trademarks”) of the Elevated Intuition LLC d.b.a “Sip-Line Technology licensor, or its affiliates. You are not authorized to use any such Trademarks without their express written permission. Ownership of all such Trademarks and the goodwill associated therewith remains with the Elevated Intuition LLC d.b.a “Sip-Line Technology licensor, us, or our affiliates.
5. Links to Third Party Hyperlinks and Websites
Elevated Intuition LLC d.b.a “Sip-Line” may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your own risk, and we are not liable to You in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with Your use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to Elevated Intuition LLC d.b.a “Sip-Line” through a third party site (the “Referring Site”). You understand and agree that we are not responsible for the information, products or services described on those Referring Sites and only these Terms of Service will apply to Your use of or access to Elevated Intuition LLC d.b.a “Sip-Line” You further understand and agree that if You navigate to Elevated Intuition LLC d.b.a “Sip-Line: from an account You created on a third party Referring Site or Linked Site in order to obtain Elevated Intuition LLC d.b.a “Sip-Line,” that third party will share Your account information as necessary with us in order to coordinate and facilitate Your requested services.
6. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT SIP-LINE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF SIP-LINE IS AT YOUR SOLE RISK. ELEVATED INTUTION LLC D.B.A “SIP-LINE” AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SIP-LINE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. THE RELATED PERSONS MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF SIP-LINE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE OR OTHER DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) ELEVATED INTUITION, LLC. PROVIDED THROUGH ELEVATED INTUITION, LLC. THIS IS TRUE EVEN IF THE RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF THE RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED THE PRICE OF THE PRODUCT. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold any Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to (i) any breach by You of these Terms of Service, (ii) Your use of material or features available on Sip-Line in an unauthorized manner, and/or (iii) a violation by You of any and all applicable laws, rules, or regulations.
9. Suspension and Termination Rights
These Terms of Service will remain in full force and effect as long as You continue to use Sip-Line. We may terminate or suspend any of the rights granted by these Terms of Service with or without prior notice, at any time and for any reason. However, the following Sections survive the expiration or termination of these Terms of Service: __ (Disclaimer of Warranties); __ (Limitation of Liability); __ (Indemnification); __ (Dispute Resolution; Arbitration; Class Action Waiver); and __ (Miscellaneous).
10. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
- You agree that all claims and disputes relating in any way to Your use of Sip-Line or arising out of or in connection with these Terms of Service, shall be resolved by binding arbitration on an individual basis, except for any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time You first agree to these Terms of Service. You also agree that any arbitration will take place in Colorado.
Waiver of Judge and Jury Trial
- YOU WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, You are electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator's award shall be final and binding on the parties. It may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions
- YOU AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER CANNOT BE COMBINED WITH ANOTHER AND BROUGHT AS A CLASS, MASS, OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND [COMPANY NAME] AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE CUSTOMER’S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, MASS, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY, IN HIS DISCRETION, AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, DECLARATORY RELIEF, AND ATTORNEYS FEES AND COSTS) TO THE PREVAILING PARTY IN THE ARBITRATION. ANY RELIEF AWARDED WILL NOT BE CONSIDERED PRECEDENT FOR CLAIMS BROUGHT BY OTHER [COMPANY NAME] USERS.
- The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration will be initiated pursuant to the rules of the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. These Rules and filing forms are available at www.adr.org.
These Terms of Service set forth the entire understanding and agreement between You and us with respect to the subject matter hereof. These Terms of Service will be governed by the laws of the state of Colorado, without regard to principles of conflict of laws. If any provision of the Terms of Service is found to be invalid, the parties agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. These Terms of Service may be updated and/or amended from time to time. You agree to be bound by any such updates or amendments so long as the new Terms of Service are available to You. You can always access the Terms of Service at www.sip-line.com.
Section headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by You or others to comply with these Terms of Service does not waive our right to act with respect to subsequent or similar failures by You or others. You may not assign or transfer Your rights or obligations under these Terms of Service without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms of Service.
12. Copyright Infringement Claims
13. Contact Information
If You have any questions or concerns, please email us at email@example.com
LAST REVISED: May 4, 2021
When your hands are full
Lock and load your favorite 12/16oz canned or bottled beverage in your Sip-Line®. Tuck it back or leave it at your side, and like magic, your hands are free!
When you're on the move
Worn like a sling, your Sip-Line® will move along its patented pulley to keep your beverage upright as you move. Does not work with cartwheels, we've tried.
When you're having fun
Can't remember where you put your drink? Never misplace your drink again. Sip-Line® sits right at your side.
When your beverage needs protection
Simply tuck your bottle opener into your can cooler, and your beverage is protected from errant debris.
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