Terms

Overview

Welcome to SUNRISE Beverage. The terms "we," "us," and "our" refer to SUNRISE Beverage. SUNRISE Beverage operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SUNRISE Beverage is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

1. Hemp-Derived Product Acknowledgment

The products displayed and available for sale on this website (1) are hemp-derived cannabinoid products that comply with the federal legal limit of less than 0.3% Delta-9 tetrahydrocannabinol (THC) by dry weight, in accordance with the Agriculture Improvement Act of 2018 ("2018 Farm Bill"); (2) do not claim to diagnose, treat, mitigate, cure, or prevent any disease; and (3) have not been evaluated or approved by the United States Food and Drug Administration (FDA) for safety, efficacy, effectiveness, or quality.

You expressly acknowledge that:

• You are familiar with and assume full responsibility for complying with all federal, state, and local laws regarding the purchase, possession, and consumption of hemp-derived cannabinoid products in your jurisdiction.
• Hemp-derived Delta-9 THC is an intoxicating substance. Effects vary by individual, dosage, and a number of personal factors. Onset may be delayed for thirty (30) minutes or longer, and effects may last several hours.
• You will not operate a vehicle, heavy machinery, or any equipment requiring full attention while consuming or under the influence of our products.
• Our products may cause a positive result on a drug test. SUNRISE Beverage is not responsible for any consequence resulting from a drug test.
• You will not consume our products if you are pregnant, nursing, taking prescription medications, or have a medical condition, without first consulting a qualified medical professional.
• You will keep our products out of reach of children and animals.
• You are solely responsible for ensuring that the shipping address you provide is in a jurisdiction where receipt of our products is lawful.

2. Access and Account

By agreeing to these Terms of Service, you represent that you are at least 21 years of age. The Services, including this website and any products offered through it, are intended exclusively for individuals 21 and older. We use age-verification tools at the point of entry, at checkout, and at delivery, as described in our Age Verification Policy.

To use the Services, you may be asked to provide certain information, such as your email address, date of birth, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

3. Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right, in our sole discretion, to refuse or cancel any order at any time, including for reasons of suspected fraud, suspected age-verification failure, suspected unauthorized resale, or any change in applicable law.

4. Orders

When you place an order, you are making an offer to purchase. SUNRISE Beverage reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until SUNRISE Beverage confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as SUNRISE Beverage may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

5. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide 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 shipping and handling charges and all applicable taxes.

6. Shipping and Delivery

Shipping methods, delivery timelines, carrier handling, adult-signature requirements, and related terms are governed by our Shipping Policy. Please refer to our Shipping Policy for full details.

Once we transfer your order to the carrier, title and risk of loss pass to you. We are not liable for delays caused by shipping carriers, customs processing, or other events outside our control.

7. Age Verification

You acknowledge that we use third-party age-verification services and that you may be required to provide identifying information, including a photograph of a government-issued ID, to confirm your age before your order is processed. You also acknowledge that, depending on your shipping destination, your delivery may require an adult signature from a person 21 or older. If your order cannot be verified or delivered for these reasons, we may cancel your order, and you will not be entitled to compensation beyond a refund of the purchase price (less any non-refundable shipping fees).

8. Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SUNRISE Beverage, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of SUNRISE Beverage, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SUNRISE Beverage.

SUNRISE Beverage's names, logos, product and service names, designs, and slogans are trademarks of SUNRISE Beverage or its affiliates or licensors. You must not use such trademarks without the prior written permission of SUNRISE Beverage. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

9. Optional Tools and Third-Party Links

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

10. Relationship with Shopify

SUNRISE Beverage is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with SUNRISE Beverage. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SUNRISE Beverage, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SUNRISE Beverage.

11. Privacy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at privacy.shopify.com. By using the Services, you acknowledge that you have read these privacy policies.

12. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

13. Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

14. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances, including any applicable hemp, controlled-substance, or alcohol regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to purchase products on behalf of, or for resale to, any individual under 21 years of age; or (j) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm SUNRISE Beverage, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices, or processes to access the Services other than as expressly permitted under Section 15 (Agents); or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

15. Agents

15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

15.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 15.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

16. Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Hemp-Derived Product Acknowledgment, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Informal Dispute Resolution, Binding Individual Arbitration, Class Action Waiver, Waiver of Jury Trial, Statute of Limitations, DMCA, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

17. Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY SUNRISE BEVERAGE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SUNRISE BEVERAGE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

NOTWITHSTANDING THE FOREGOING, IF SUNRISE BEVERAGE IS FOUND LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, IN NO EVENT SHALL SUNRISE BEVERAGE'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO SUNRISE BEVERAGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify, defend, and hold harmless SUNRISE Beverage, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; (3) your access to and use of the Services; or (4) any consequence resulting from your consumption, use, or misuse of our products.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

20. Informal Dispute Resolution

Before filing a claim against SUNRISE Beverage, you agree to attempt to resolve the dispute informally by sending us a written notice of your dispute ("Notice"). The Notice must (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; and (c) include your name, mailing address, email address, and any order numbers or transaction details relevant to the dispute. The Notice should be sent to:

SUNRISE Beverage
2032 Utica Square, Unit #52521
Tulsa, OK 74114
United States

Or by email to: hello@savorsunrise.com (with subject line "Dispute Notice")

You and SUNRISE Beverage agree to negotiate in good faith to resolve the dispute. If we are unable to resolve the dispute within thirty (30) days after the Notice is received, either party may proceed with binding arbitration as set forth in Section 21. Compliance with this Section 20 is a condition precedent to the initiation of arbitration. The thirty-day informal-resolution period shall toll any applicable statute of limitations.

21. Binding Individual Arbitration

21.1 Agreement to Arbitrate. You and SUNRISE Beverage agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or purchase of any products (collectively, "Disputes"), will be resolved exclusively through final and binding individual arbitration, except as set forth in Section 21.5 below.

21.2 Arbitration Rules and Forum. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect (the "JAMS Rules") for claims that do not exceed $250,000, and pursuant to its Comprehensive Arbitration Rules and Procedures for claims that exceed $250,000. The JAMS Rules are available at www.jamsadr.com. The arbitration will be conducted by a single neutral arbitrator. The arbitration will take place in Tulsa, Oklahoma, or at another location mutually agreed by the parties, except that the arbitrator may, at your written request, conduct the arbitration by videoconference, telephone, or written submissions where appropriate. Notwithstanding the foregoing, if the amount in controversy is $25,000 or less, the arbitration shall be conducted by written submissions and telephonic or videoconference hearings only, unless the arbitrator determines that an in-person hearing is necessary.

21.3 Federal Arbitration Act. This Section 21 (and the related provisions in Sections 22 and 23) is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the "FAA"). Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

21.4 Arbitrator's Authority. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, any claim that all or any part of these Terms is void or voidable. The arbitrator shall have the authority to grant any remedy that would otherwise be available in court, except that the arbitrator may not award relief that exceeds the limitations stated in Section 18 (Limitation of Liability).

21.5 Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. In addition, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent or address (a) infringement, misappropriation, or violation of intellectual property rights; or (b) unauthorized access to or use of the Services. Disputes concerning the enforceability or scope of the Class Action Waiver in Section 22 shall be resolved by a court of competent jurisdiction, not the arbitrator.

21.6 Costs. Each party will bear its own attorneys' fees and costs in arbitration, except that the arbitrator may award fees and costs to the prevailing party as permitted by applicable law. The allocation of arbitration filing fees, administrative fees, and arbitrator compensation shall be governed by the JAMS Rules and JAMS Consumer Arbitration Minimum Standards, where applicable.

21.7 30-Day Right to Opt Out. You have the right to opt out of this Section 21 (Binding Individual Arbitration) and Section 22 (Class Action Waiver) by sending written notice of your decision to opt out to the address in Section 20 within thirty (30) days after first becoming subject to these Terms. Your opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out under this Section 21.7, the remainder of these Terms (including Section 23 (Waiver of Jury Trial) and Section 31 (Governing Law)) will continue to apply to you.

22. Class Action Waiver

YOU AND SUNRISE BEVERAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUNRISE BEVERAGE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM.

If a court of competent jurisdiction finds that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought in court, while all other claims and requests for relief shall remain subject to arbitration.

23. Waiver of Jury Trial

YOU AND SUNRISE BEVERAGE EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A DISPUTE RESOLVED IN COURT BEFORE A JUDGE OR JURY. YOU AND SUNRISE BEVERAGE ARE INSTEAD ELECTING TO RESOLVE DISPUTES THROUGH ARBITRATION, WHICH PROCEEDS ON A DIFFERENT BASIS THAN A LAWSUIT IN COURT.

24. Statute of Limitations

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

25. DMCA / Copyright Takedown

If you believe that any content on the Services infringes your copyright, please send a notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") to our designated agent, with the following information:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Services (including the exact URL);
3. Your name, mailing address, telephone number, and email address;
4. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf;
6. Your physical or electronic signature.

Designated DMCA Agent:

SUNRISE Beverage — Attn: DMCA Agent
2032 Utica Square, Unit #52521
Tulsa, OK 74114
United States
Email: hello@savorsunrise.com (subject line: "DMCA Notice")

We may, in appropriate circumstances and in our sole discretion, terminate the account of any user who is determined to be a repeat infringer.

26. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

27. Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28. Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

29. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal laws of the United States and the laws of the State of Oklahoma, without regard to its conflict-of-laws principles. Subject to Sections 20 through 23 (which require binding arbitration of most disputes), you and SUNRISE Beverage consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Tulsa County, Oklahoma for any action that is not subject to arbitration under these Terms.

30. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

31. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Material changes to the arbitration provisions in Sections 20 through 23 will not apply retroactively to any dispute of which we have notice on the effective date of the change.

32. Contact Information

Questions about these Terms of Service should be directed to us. You may call us at (877) 674-7459, email us at hello@savorsunrise.com, or write to us at:

SUNRISE Beverage
2032 Utica Square, Unit #52521
Tulsa, OK 74114
United States