Scope and Definitions
“Company” refers to Rekt Brands Inc. a Delaware corporation, and its affiliates, Board members, agents, employees, contractors, lawyers, and officers. This policy governs the use of the Site (“Site” refers to all web pages published by Company, alone or in conjunction with web partners, that is accessed by members of the public, including but not limited to rektdrinks.com. The collective of web pages, inclusive of all urls published by Company is included in the definition. ) by Users (“Users” refers to each and every person viewing the site, anyone in control of the keyboard or mouse while an ip address visits the site, and anyone consuming the Site.
User Warranties and Representations
Rekt Brands Inc. finds the following representations and warranties made by the User of this site to be material and Rekt Brands Inc. relies on each and every one of the following representations and warranties. Rekt Brands Inc. does not seek or intend to make a sale, profit, or create any relationship of any kind with any member of the public that does not agree to and understand the following.
User’s should only proceed if Users agree to each of the following warranties and promises. Rekt Brands Inc. does not seek or intend to make a sale of any kind to any potential purchaser that does not agree to the following terms.
User agrees that User is not, and has not acquired a token, coin, or other asset, from Ovie Faruq, Rekt Guy, Rekt Brands, Inc., with the expectation of any profit. User agrees that User has not purchased any such assets with any expectation of acquiring or being able to acquire any equity in any project or entity.
User agrees that the purchase of any product or transaction with Company, is for the consumptive value, use value, and/ or the uniqueness of the art. User agrees not to make a purchase if it is for for any other reason. User agrees rewards points are assumed to be valueless. User agrees Company is not responsible to ensure a secondary market for rewards points. User agrees that it will only make purchases in good faith, and not in any way try to gain an unfair market advantage in any way by interacting with Site.
Company is not responsible for any guarantees or promises made by third party providers.
User states and promises that they have the legal right to us this site, that they have older than 13 years of age, and they are not using the site from a jurisdiction or nation that is embargoed or otherwise banned from engagement with a US company.
User agrees that there are no third-party beneficiaries to these Terms.
Further Terms
User agrees that User is not making any purchase with any expectation of acquiring or being able to acquire any equity in Rekt Brands Inc., or the expectation of profit by any means. User agrees User agrees that any purchase from Company, is for consumptive purposes only. User is not buying rekt drinks with the expectation of any financial opportunity or gain whatsoever. User agrees and states that User has no expectation of financial return, profit, or gains from any purchase from Company.
Arbitration
User agrees to binding arbitration.
1. User agrees to arbitrate all disputes and claims with Company and limits the manner in which User can seek relief from Company, unless User opts out of arbitration by following the instructions set forth below. User agrees that no class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes User from suing in court or having a jury trial.
2. No Representative Actions. User and Rekt Brands Inc. agree that any dispute arising out of or related to these Terms or our Services is personal to User and Rekt Brands Inc. and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
3. Arbitration of Disputes. Except for small claims disputes in which User or Rekt Brands Inc. seeks to bring an individual action in small claims court located in the county of User billing address or disputes in which User or Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, User and Company waive User rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that User have against Company. User agree to first contact Rekt Brands Inc. and attempt to resolve the claim informally by sending a written notice of User claim (“Notice”) to Company by email at support@rektdrinks.com and info@gencolaw.com or by certified mail addressed to Rekt Brands Inc.
The Notice must (a) include User name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the state of New York unless User is a consumer, in which case User may elect to hold the arbitration in User county of residence. For purposes of this Section, a “consumer” means a person using the Services for personal, family or household purposes. User and Rekt Brands Inc. agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. User either acknowledge and agree that User have read and understand the JAMS Rules or waive User opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
User agrees this Arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non- privileged information relevant to the Dispute. The arbitrator, Company, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
User and Rekt Brands Inc. agree that for any arbitration User initiate, User will pay the filing fee and User and Rekt Brands Inc. will split equally the remaining JAMS fees and costs; provided that if User are a consumer the maximum amount User will be required to pay for the filing fee is $250 and Rekt Brands Inc. will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by Rekt Brands Inc., Rekt Brands Inc. will pay all JAMS fees and costs. User and Rekt Brands Inc. agree that the state or federal courts of the State of New York and the United States sitting in in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that User and Company will not have the right to assert the claim.
User has the right to opt out of binding arbitration within 30 days of the date User first accepted the terms of this Section by emailing Rekt Brands Inc. at support@rektdrinks.com and info@gencolaw.com. In order to be effective, the opt- out notice must include User’s full name and address and clearly indicate User’s intent to opt out of binding arbitration. User agrees that if they do opt out of binding arbitration, User are agreeing to resolve Disputes in accordance with The Venue and choice of law provisions below.
If any portion of these agreements is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration agreement and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of Arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Agreement will be enforceable.
Governing Law and Venue
Any dispute arising between User and Company not arbitrated in accordance to previous arbitration agreement, will be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York and User consent to jurisdiction and venue in such courts.
Dispute Resolution Non-U.S. Residents
In the event of any dispute User and Company agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Company notice to User will be sent based on the most recent contact information, but if no such information exists or if such information is not current, then Company shall have no obligation under this section. User notice to us must be sent to User at info@gencolaw.com For a period of 60 days from the date of receipt of notice from the other party, Company and User will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either User or Company to resolve the dispute on terms either User or Company, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
No Rights Of Third Parties.
User agree that there are no third-party beneficiaries to these Terms.
This Agreement constitutes the complete understanding and agreement of User and Company and supersedes any and all prior or contemporaneous written or oral agreements between User and Company. The language of any clause or term of this Agreement will not be construed for or against the drafter. No right or term of this Agreement will be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing and signed by User and Company.