SPORTING CLUB
OF THE
PACIFIC BOTTLING COMPANY, LLC

TERMS OF USE AGREEMENT
REFUND POLICY
PRIVACY POLICY

TERMS OF USE AGREEMENT

Effective Date: January 15, 2017

The sportingclub.pro website and its associated services and content (collectively “Website”) is owned and operated by Sporting Club of the Pacific Bottling Company, LLC (“Sporting Club;” “us;” “we”), a Delaware Limited Liability Company. Sporting Club has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

SPORTING CLUB MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT SPORTING CLUB MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions

As used in this Agreement:

  • Account means the unique login for Club Members in which their information is stored.
  • Club Member means any individual who creates an Account with the Website and enrolls in a Juice subscription.
  • Custom Goods means goods made by third-parties that can be customized or made-to-order through Sporting Club and purchased through the Website.
  • Juice(s) means Sporting Club’s Sports Juice and Sports Milk. Juice names include, but are not limited to, Hydration, Energy, and Sustain.
  • Non-Custom Goods means third-party manufactured goods sold through the Website.
  • User means both Club Members and any other individuals who access the Website.
  • You/Your means all Users of the Website.

About The Site

Sporting Club makes and distributes all-natural cold pressed sports Juice, inspired by the active lifestyles of surfers. Sporting Club Juices are designed to provide dense nutrition on a portable and efficient basis. Sporting Club offers delivery service of Juices to Club Members on a subscription basis or directly from its retail location(s). All Sporting Club Juices go through high pressure processing (“HPP”), which allows pasteurization without heating. All deliveries are made by a Sporting Club representative and arrive in a reusable cooler. In addition to Juices, Sporting Club sells merchandise and Custom Goods such as surfboards, spear guns, and forged tools as well as Non-Custom Goods from various manufacturers like Snow Peak. The Sporting Club website also offers additional content such as the Talk Story blog, informational videos, and newsletters.

You understand that all content contained in the Sporting Club Website is for informational purposes only. The Website’s Content is not meant to be a substitute for professional medical advice, diagnosis, or treatment. Before starting any dietary program, it is always wise to consult with a medical doctor, particularly if you are pregnant, breastfeeding, plan to become pregnant, chronically ill, elderly, under eighteen, or taking prescription drugs. Sporting Club Juices are not meant to be used as a meal replacement, cleanse, or energy drink. You also understand that Sporting Club’s Juices have not been evaluated by the Food and Drug Administration (“FDA”). Sporting Club assumes no responsibility for the improper use or potential adverse side effects stemming from consumption of Juice. Further, Sporting Club is in no way responsible or liable for any malfunction or injury stemming from the use of goods purchased through the website. These goods are to be used at your own risk.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Sporting Club and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Sporting Club makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

Excluding your content, you acknowledge and agree that Sporting Club is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Sporting Club.

Sporting Club hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Sporting Club, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Sporting Club.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specially, all Sporting Club marks are the property of Sporting Club, including, but not limited to SPORTING CLUB OF THE PACIFIC (serial no. 87101605), SPORTING CLUB (serial no. 87101608), BORN AT JAWS (serial no. 87172304), and all Sporting Club logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Sporting Club. You are prohibited from using Sporting Club’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Sporting Club.

Membership; Subscription; Payment; Refunds; Cancellation

Account and Membership

To register as a Club Member, Users must create an Account with their e-mail and password. Account registration and use of the Website is free. Once you are a Club Member, you will be able to enroll in a Juice delivery subscription.

When creating a Club Membership, you are agreeing to receive email notifications from Sporting Club. The email notifications from Sporting Club contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. Club Membership information will be used consistent with the Privacy Policy. Sporting Club does not endorse you or discriminate based upon any information provided by you in connection with your Club Membership.

Club Members have a duty to ensure that the information provided through their Account truthful, current, complete, and accurate. Club Members understand and agree that they have an ongoing duty to update and keep current the information provided through their Account if and when that information changes. Club Members are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. Club Members expressly agree that they will not use their Account to interfere with or disrupt a third party’s enjoyment and use of the Website. Sporting Club reserves the right to restrict access to, monitor, suspend, disable, or delete Accounts at any time, in its sole discretion, and without prior warning.

Club Members agree to keep your Account secure from unauthorized access. Club Members will log in using their Account e-mail and password. Club Members should not reveal their password to others. Club Members agree that they alone are responsible for their Account and all associated subscriptions. Club Members accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Club Member’s Account, they agree to contact Sporting Club immediately. Club Members agree to hold harmless and indemnify Sporting Club for any damages that arise out of or in relationship to the use of their Account.

Subscription and Deliveries

Club Members are able to enroll in a subscription for Juice delivery services. All Juice deliveries are made to the Club Member’s home by Sporting Club representatives in Sporting Club Vehicles and arrive in reusable Sporting Club coolers made by Coleman®. Deliveries are only made within certain zip codes, which Sporting Club may change at any time at our discretion. With a Juice delivery subscription, Club Members are able to select the Juice mix (Hydration, Sustain, etc.); volume; and frequency (every week or every two weeks). Club Members have the option to pause their subscription outright prior to billing or hold individual Juice deliveries for credit toward future deliveries.

Once a Juice delivery has been delivered, the Club Member assumes responsibility for the Juice. Sporting Club is in no way responsible or liable for damaged, spoiled, or misplaced Juice after delivery has been made. Club Members are responsible for returning their Sporting Club coolers by leaving the coolers at the location of delivery. If a Club Member fails to return a cooler for more than two delivery cycles, the Club Member will be charged a $30 replacement fee.

Sporting Club reserves the right to reschedule deliveries at our discretion, particularly surrounding major holidays. Any rescheduled deliveries will be done with prior notification to the Club Member.

Deliveries for orders of non-custom, third-party products will be fulfilled by a third-party provider such as FedEx, UPS, or DHL. Sporting Club is in no way responsible or liable for damaged or misplaced packages that are shipped through third-party delivery providers.

Payment

Payment for Juice delivery subscriptions reoccur two (2) days before scheduled orders per the chosen frequency (weekly or bi-weekly) of the Club Member. Payment for Juice delivery subscriptions are processed through the Website, built on top of the third-party payment processor Shopify using Recharge Payments for recurring orders. Club Members agree that they are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and/or Juice deliveries. You understand and agree that Sporting Club will not be held liable for any Club Member’s failure to complete a transaction entered into through the Website. By utilizing Shopify’s and Recharge Payment’s services, Club Members are subject to the separate Terms of Service found here: https://www.shopify.com/legal/terms and here http://rechargepayments.com/terms-of-service.

Account and Subscription Cancellation

Juice subscriptions can be cancelled any time before your next payment which occurs two (2) days before your next Juice order is due to arrive. However, cancellation is not possible before the end of any minimum required subscription period (currently two [2] orders) or as part of a special offer.

To cancel your account, you can either cancel directly online or call Sporting Club at 424-744-8838. If you cancel your Account, Sporting Club is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Sporting Club is under no obligation to provide you with the data associated with your account and/or user profile after cancellation of your account, except as otherwise provided in the Privacy Policy. Sporting Club recommends that you maintain your own backup of account and user profile data.

Refunds

If you are not satisfied with your Juice delivery, Sporting Club will make it right. Contact us to redeliver the order, or allow you to pick up a new order at our retail outlet.

Orders of Custom Goods will be final sale and nonrefundable. Sporting Club will defer to the manufacturer’s refund policy for all Non-Custom Goods.

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

  • Posting or transmitting content that:
  • Infringes upon the intellectual property rights of others;
  • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
  • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
  • Incites any illegal activity or unlawful sexual solicitation;
  • Relates to weaponry, controlled substances, gambling, or debt collection;
  • Raises support or defense of anyone alleged to be involved in criminal activity;
  • Impersonates another or is fraudulent, inaccurate, or misleading;
  • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  • Intends to collect personal or personally identifiable information from others;
  • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Sporting Club’s technological and physical security measures;
  • Suggesting an affiliation with or endorsement by Sporting Club.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Sporting Club by sending an email to .

Mobile Devices

The Website is fully accessible via a mobile device, including the ability to register an Account and initiate a subscription. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Sporting Club is not responsible for any fees or errors that occur while accessing the Website via mobile device.

Section 230 of Communications Decency Act

You acknowledge and agree that Sporting Club is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Sporting Club may edit, remove, or control the content displayed through the Website, you agree that Sporting Club will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links

You understand that the Website may contain links to third party websites, applications, products, or services that Sporting Club does not own or control. You agree that Sporting Club will not be held responsible or liable for the content of third party websites, applications, products, or services and that Sporting Club’s inclusion of those websites, applications, or services within its Website does not constitute Sporting Club’s endorsement of, recommendation of, or affiliation with any of those websites, applications, products, or services, unless otherwise specified.

No Endorsement

Sporting Club does not endorse or recommend any commercial product, process, or service. The views and opinions of Users expressed on this Website do not necessarily state or reflect those of Sporting Club and are not intended to be used for advertising or product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Sporting Club may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

SPORTING CLUB DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE. SPORTING CLUB PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

SPORTING CLUB WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SPORTING CLUB IS A JUICE AND RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. SPORTING CLUB RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

SPORTING CLUB WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

ALL CONTENT CONTAINED IN THE SPORTING CLUB WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE’S CONTENT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER PRIOR TO THE PURCHASE OR US OF ANY NUTRITIONAL PRODUCT. SPORTING CLUB’S JUICES HAVE NOT YET BEEN EVALUATED BY THE FDA; ALL JUICE CONSUMPTION IS AT YOUR OWN RISK. SPORTING CLUB IS IN NO WAY RESPONSIBLE OR LIABLE FOR RELIANCE UPON THIS INFORMATION OR EFFECTS STEMMING FROM CONSUMPTION OF THE JUICES. SPORTING CLUB IS ALSO NOT RESPONSIBLE OR LIABLE FOR CUSTOM AND NON-CUSTOM GOODS PURCHASED THROUGH THE WEBSITE; THESE GOODS ARE USED AT YOUR OWN RISK.

Limitation of Liability

SPORTING CLUB WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SPORTING CLUB CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SPORTING CLUB, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. SPORTING CLUB IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Sporting Club, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Sporting Club under the terms of this Agreement will not provide you with the right to control Sporting Club’s defense, and Sporting Club reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Sporting Club.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Sporting Club may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Resolution of Dispute and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Sporting Club or the Website will be exclusively resolved through arbitration in Santa Monica, California.

YOU AND SPORTING CLUB AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM SPORTING CLUB, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN SANTA MONICA, CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SPORTING CLUB AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF CALIFORNIA. YOU AND SPORTING CLUB AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Sporting Club hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Sporting Club.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of thirteen (13) and Sporting Club will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Sporting Club inadvertently collects such personally identifiable information, Sporting Club will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

SPORTING CLUB AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPORTING CLUB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Sporting Club.

Notice

Any notice required by this Agreement must be in writing, and must be emailed to:

PRIVACY POLICY

Effective Date: January 15, 2017

Privacy Policy Summary

Sporting Club is committed to protecting the privacy of our customers and being as transparent as possible about the ways in which we collect, use, store, and share our customers’ personal information.

When you use the Sporting Club website, you understand that Sporting Club may collect certain personally identifiable information from you, such as your name, e-mail, mailing address, phone number, and payment information. Additionally, Sporting Club may collect information such as your geolocation, IP address, visitor history, Google Analytics data, and any other information that you voluntarily submit to the website.

Sporting Club uses the collected information to process orders, execute Juice deliveries, communicate with you, and send advertising. You also acknowledge that Sporting Club may use this information to improve algorithms, conduct analysis, develop new Website features, prevent illegal activity, and process payments, among other uses. All of the information that Sporting Club collects is stored on computers and servers located in the United States. While Sporting Club makes efforts to prevent the unauthorized disclosure of your information, nondisclosure is not guaranteed and you submit all information at your own risk.

Finally, Sporting Club may share your information where you have given consent, where it is necessary to provide the Website and associated services, where it is necessary to respond to government requests or court orders and subpoenas, where it is necessary to comply with the law, where it is needed to protect Sporting Club employees, or where Sporting Club has been purchased by a third party, among other situations. You can stop Sporting Club from collecting your information by adjusting your browser settings, limiting cookies, ceasing use of the website, or contacting Website.

Full Privacy Policy

The domain sportingclub.pro and its related services and products (“Website”) are owned and operated by Sporting Club of the Pacific Bottling Company, LLC (“Sporting Club”), a Delaware Limited Liability Company. Sporting Club has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects personal, personally identifiable, and non-personal information when you use the Website and to explain how this information is used. Sporting Club has also adopted this Privacy Policy because it respects your privacy and believes that it should clearly and transparently discloses its privacy practices to the user. You should contact Sporting Club directly with any questions or concerns.

SPORTING CLUB MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT SPORTING CLUB CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

Sporting Club may collect the following personal and personally identifiable information from you:

  • First and last name;
  • Email address;
  • Mailing address;
  • Phone number;
  • Account holder and payment information, including, without limitation, credit/debit card or Shopify payment information; and
  • Any information that you upload, post, or submit to the Website directly or similar third party sites or applications, such as social media accounts.

Sporting Club may also collect the following additional information from you:

  • Your geolocation;
  • Your IP address;
  • Your browser and search engine information;
  • Your device information;
  • Your visitor history;
  • Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;
  • Information stored in cookies, pixel tags, or web beacons;
  • Analytical data from Google Analytics; and
  • Any other additional analytic data that you voluntarily submit to the Website.

Sporting Club may collect this personal information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website or your social media accounts, through communication with third parties (such as Shopify and banks), through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, and through other sources permitted by law.

The third party service providers used by Sporting Club have their own independent privacy policies governing the use of this information and we encourage you to read those privacy policies carefully. For example, Shopify’s Privacy Policy can be found at https://www.shopify.com/legal/privacy, and ReCharge Payments’s Privacy Policy can be found at http://rechargepayments.com/privacy-policy. Sporting Club has no responsibility or liability for the activities of the third party service providers used by Sporting Club to provide you with the serviced associated with the Website.

The Website also utilizes Cookies. Cookies are identifiers that are shared between your computer and the Website to enable our systems to recognize your browser and to provide certain features, such as the Website’s shopping cart.

Sporting Club uses this personal or personally identifiable information to:

Provide you with the Website, process any requests made by you, process any orders or business contemplated by the Website, execute juice deliveries, communicate with you, send targeted advertising via direct mail, identify and fix problems with the Website, update you on changes to the Website, communicate with you concerning your Account or subscription, to complete a transaction you initiated, and to update you on Sporting Club’s products and services offered through the Website or the services of third parties.

You further authorize the following specific uses:

  • Enable your use of the Website, its associated services, and any updates thereto;
  • Improve algorithms;
  • Measure service usage;
  • Develop new features;
  • Contact and communicate with you, whether through email, telephone, or messages within the Website;
  • Customize and/or tailor the Website and your user experience, which may include targeted selection and display of third party advertisements within the Website;
  • Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
  • Provide information about products, services, benefits, promotions and other offers of Sporting Club;
  • Transmit and process your information and actions within the Website;
  • Provide statistical information, and include you in the same, where applicable;
  • Provide you with technical service and support, including updates;
  • Understand your needs and requests;
  • Process payments;
  • Prevent and detect illegal activities or violations of the Terms of Use; and
  • Combine your personal and personally identifiable information with information from other Sporting Club applications and/or services

We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page (http://www.google.com/policies/technologies/ads/) or the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).

Sporting Club stores your personal or personally identifiable information in the following manner:

Your Personal Information is stored and processed on computers and servers in the United States and, through your use of the Website, you unequivocally consent to the processing and storage of your personal and personally identifiable information. You understand and agree that Sporting Club may continue to store your information after you cease use of the service or disable your Account.

Sporting Club uses commercially reasonable efforts and standard technology to store and help prevent against the unauthorized disclosure of your information. Though it undertakes commercially reasonable efforts to protect your information, no Website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

In order to protect your Personal Information, Sporting Club uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web-browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, meaning a secure connection.

Sporting Club, through information received from Shopify and ReCharge, electronically verifies every financial transaction with the credit company, processing only those orders the credit card company authorizes. In the case of a suspicious or declined transaction, Sporting Club may contact you to confirm the validity and ensure your identity or cancel that order with full notification.

Sporting Club may share your personal or personally identifiable information with third parties in the following circumstances:

  • Where Sporting Club has obtained your consent;
  • Where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Website, juice deliveries, and/or associated services (We may share your personal or personally identifiable information with trusted third parties who assist us in operating the Website, providing the associated services, and conducting our business);
  • Where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with Sporting Club’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
  • Where Sporting Club has been purchased by a third party;
  • Where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities;
  • Where your personal or personally identifiable information is demanded by a court order or subpoena;
  • Where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Sporting Club;
  • Where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
  • Where Sporting Club is otherwise legally obligated to share your personal or personally identifiable information.

You understand and agree that Sporting Club may specifically share your information with mobile service providers, search engine providers, payment processors, web merchants, and online retailers in order to complete the services offered through the Website.

Purchase or sale of the Website or other assets:

Sporting Club may purchase other businesses or sell components of its business, including, but not limited to, the Website. In the event Sporting Club purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.

You may stop Sporting Club from collecting your personal or personally identifiable information by:

Adjusting your web browser settings, limiting cookies or other tracking techniques, or by ceasing your use of the Website. You may contact Sporting Club with any requests regarding your information, but Sporting Club reserves the right to act or not act upon such requests. Sporting Club does not honor Do Not Track requests and signals.

When using the Website, you are obligated to:

Inform Sporting Club of any changes to your personal or personally identifiable information, and protect the security of your username, password, and your personal or personal identifiable information.

California Residents:

Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third party companies or individuals that Sporting Club has shared your personal or personal identifiable information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Sporting Club at the address below.

Children’s Online Privacy Protection Policy:

The Website is not intended for or directed to users under the age of 18, and Sporting Club does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, Sporting Club takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that personal or personally identifiable information may have been inadvertently provided to or collected by Sporting Club, please contact us immediately so appropriate steps may be taken to remove such information from Sporting Club’s database.

Third party services and third party links:

Sporting Club may outsource or subcontract some of our technical support, tracking and reporting functions, payment processing functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy. You understand and agree that Sporting Club will not be held responsible for any third party communications sent by entities that Sporting Club does not own or control any third party links (including advertisements). You are encouraged to review any third party privacy policies before utilizing any such third party service.

Sporting Club may include or offer third party products or services on the Website and provide third party links to the same. These third party websites have separate and independent privacy policies. Sporting Club has no responsibility or liability for the content and activities of such third parties and their websites. We encourage you to read carefully the privacy policies of all such third party websites. We seek to protect the integrity of the Website and therefore welcome any feedback about any such third party websites.

Contact and Notices:

All questions and concerns regarding this Privacy Policy may be submitted to Sporting Club at .

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.