Easy Does It Terms of Service

Last Updated: August 2, 2025



These Terms of Service (“Terms”) apply to your access to and use of (a) the website located at https://easydoesitbrew.com (or any successor links) and all associated web pages, websites, and social media pages (the “Website”) provided by Easy Does It, Inc. (“Easy Does It,” “we,” “our,” or “us”) and (b) your purchase of our products (“Products”) and services, including through the Website ((a) and (b), collectively, our “Services”).



By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth in Section 13, which limit our liability and your ability to bring certain claims against us.





BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 15, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND EASY DOES IT WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.







We may make changes to these Terms at any time. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services. Any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the updated Terms incorporating such changes or otherwise notified you of such changes.



1 Eligibility and Use Restrictions; Accounts

(a) Eligibility and Use Restrictions





Our non-alcoholic beverages contain less than 0.5% ABV and are legally classified as non-alcoholic. However, our products are intended for adult consumers. By using our Services or placing an order, you represent that you are at least 21 years of age. We reserve the right to refuse service, terminate accounts, or cancel orders if we believe a user has violated this policy. In using or purchasing our Services, you represent and warrant that you meet the eligibility requirements to use and purchase our Services and have the authority to be bound by these Terms, including, without limitation, if you use or purchase our Services on behalf of another person or entity (in which case “you” will include that person or entity and that person or entity agrees to be responsible to us).



(b) Accounts




You may be required to create an account with us in order to use or purchase some or all of our Services. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You are solely responsible for inputting accurate information when you create or update your account.



2 Your Information




You may provide certain information to us in connection with your use or purchase of our Services or we may otherwise collect certain information about you when you use or purchase our Services. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. You agree to receive all communications, agreements, and notices that we provide in connection with our Services electronically, including by email, SMS or text message (if you provide your manual consent to opt in to receive SMS or text messages) to the cell phone number associated with your account, or by posting them to your account on the Website or otherwise through our Services. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive SMS or text messages is not a condition of purchase. You may withdraw your consent to receive communications electronically at any time, but except as it relates to SMS text messages, if you withdraw such consent, you may be unable to use or purchase all or a portion of our Services.



3 Prohibited Conduct

(a) General


You will not use or purchase our Services if you are not eligible to use or purchase our Services in accordance with these Terms and will not use or purchase our Services other than for their intended purpose.

(b) Specific

Further, you will not:

  • Use or purchase our Services for any purpose other than your personal, non-commercial purpose;

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

  • Engage in any harassing, threatening, intimidating, predatory, stalking, discriminatory, or other objectionable conduct or disturb or solicit others;

  • Use any cameras, video, or other devices designed to or enabled to capture recordings in connection with our Services without our prior written consent;

  • Use or attempt to use another user’s account or information without authorization from that user and Easy Does It;

  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • Sell, resell or export our Services;

  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

  • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

  • Reverse engineer any aspect of our Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results;

  • Develop or use any applications that interact with our Services without our prior written consent;

  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

  • Link to any online portion of our Services; or

  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(c) Enforcement


Enforcement of this Section 3 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

4 Shipping Restrictions



Due to state and local laws, we are unable to ship our Products to certain jurisdictions. As of the Effective Date, we do not ship to the following states:

  • Georgia

  • Idaho

  • Kansas

  • Michigan

  • Mississippi

  • Nebraska

  • South Carolina

  • Utah

We reserve the right to update this list at any time without prior notice. It is your responsibility to ensure that your shipping address is in a compliant jurisdiction. Orders placed to restricted states will be canceled and refunded.

5 Order Acceptance and Cancellation; Returns

(a) Order Acceptance and Cancellation



We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or suspected fraud. If your order is canceled by us, we will notify you and issue a refund. You may cancel your order any time prior to receiving our confirmation of your order. Once we have sent a confirmation of your order, you can no longer cancel the order.

(b) Returns and Refunds





Due to the perishable nature of our beverage products, such products are non-returnable. For merchandise returns, please contact cheers@easydoesitbrew.com within 30 days of the date the order was placed for such products. Easy Does It has sole discretion to accept merchandise returns. You are responsible for all shipping and handling charges on approved returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refund requests for approved returned products are processed within approximately one to three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. If you receive a product that is damaged or defective, please contact us at cheers@easydoesitbrew.com within 7 days of receipt, and we will work with you to resolve the issue.



6 Prices; Shipping and Handling

(a) Prices



You agree to pay the prices listed on our Website for our Products, together with any charges for taxes, shipping and handling. All prices on our Website are exclusive of taxes, shipping and handling. We reserve the right to change the prices listed on our Website at any time.

(b) Shipping Information



You are responsible for providing us with accurate information for shipping. If you provide an incorrect address for shipping, we will not issue a refund and we will not reship the Products.

(c) Title



Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

7 Third Party Payment Processor



We use a third-party payment processor to process payments made through our Services. By placing an order, you agree to be bound by the terms and conditions of the payment processor in addition to these Terms. We are not responsible for any errors or delays caused by the payment processor. You authorize us to share with the payment processor any information and payment instructions you provide to us to the extent required to complete your transactions.

8 Ownership; Limited License




We or our licensors own all right title and interest (including intellectual property rights) in and to our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein. Except as expressly stated in these Terms, all rights in and to our Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.



9 Trademarks



Our name and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of Easy Does It and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.


10 Feedback



You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Easy Does It or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or our Services, or to improve or develop new products, services, or our Services in Easy Does It’s sole discretion. Easy Does It will exclusively own all improvements to, or new, Easy Does It products or services based on any Feedback. You understand that Easy Does It may treat Feedback as nonconfidential.



11 Third Party Materials

(a) Materials




Our Services may rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (i) the use and availability of our Services is dependent on third-party product vendors and service providers and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.



(b) Access



Your access to and use of such Third-Party Materials may be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the applicable third party). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to use or purchase our Services.

12 Indemnification





To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Easy Does It and our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners and agents (individually and collectively, the “Easy Does It Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to, use of or purchase of our Services (including any acts and/or omissions); (b) your Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will cooperate with the Easy Does It Parties in defending third-party Claims and pay all fees, costs, and expenses associated with defending such third-party Claims (including attorneys’ fees). The Easy Does It Parties will have control of the defense or settlement, at Easy Does It’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Easy Does It or the other Easy Does It Parties.



13 Disclaimer and Release

(a) Disclaimer of Warranties




OUR PRODUCTS AND SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT:



  • THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR DIETARY NEEDS;

  • THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE;

  • ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR

  • ANY PRODUCTS SHIPPED TO YOU WILL BE FREE FROM DAMAGE OR SHIPPING DELAYS OUTSIDE OUR CONTROL.

WE DO NOT WARRANT THE LEGALITY OF SHIPPING OR RECEIVING NON-ALCOHOLIC BEER IN YOUR STATE OR LOCALITY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY PRODUCTS ORDERED FROM THIS WEBSITE MAY BE LAWFULLY RECEIVED IN YOUR JURISDICTION.



SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(b) Release





YOU HEREBY SPECIFICALLY, FULLY AND FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND INDEMNIFY AND HOLD HARMLESS THE EASY DOES IT PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (AS DEFINED IN SECTION 12) RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU UNDERSTAND THAT THIS WAIVER MEANS YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, FOR PHYSICAL OR EMOTIONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, AND YOU GIVE UP ANY CLAIM YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.





If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

(c) Beneficiaries



ALL DISCLAIMERS AND RELEASES OF ANY KIND (INCLUDING IN THIS SECTION 13 AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF EASY DOES IT, THE OTHER EASY DOES IT PARTIES, AND THE EASY DOES IT PARTIES’ RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

14 Limitation of Liability

(a) Waiver of Certain Damages



To the fullest extent permitted by applicable law, Easy Does It and the other Easy Does It Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Easy Does It or the other Easy Does It Parties have been advised of the possibility of such damages.

(b) Liability Cap


The total liability of Easy Does It and the other Easy Does It Parties to you (whether occurring under these Terms or otherwise), regardless of the form of the action, is limited to the amount paid by you to use or purchase our Services giving rise to the claim or $100 USD, whichever is greater.

(c) Exclusions



The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Easy Does It or the other Easy Does It Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.



15 Dispute Resolution; Binding Arbitration





PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EASY DOES IT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND EASY DOES IT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND EASY DOES IT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. EASY DOES IT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.





FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.



(a) Arbitrable Claims









For any dispute or claim that you have against Easy Does It, that Easy Does It has against you or that you have, or Easy Does It has, in each case arising from, relating to, or stemming from these Terms, our Services or any aspect of the relationship between you and Easy Does It as relates to these Terms or our Services, including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”), you and Easy Does It agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against Easy Does It, you will first contact Easy Does It by sending a written notice of your Arbitrable Claim (“Claimant Notice”) to Easy Does It by certified mail addressed to 4024 Radford Ave, Annex 7, Room 502, Studio City, CA 91604 or by email to cheers@easydoesitbrew.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If Easy Does It asserts an Arbitrable Claim against you, Easy Does It will first contact you by sending a written notice of Easy Does It’s Arbitrable Claim (“Easy Does It Notice”), and each of a Claimant Notice and Easy Does It Notice, a “Notice”) to you via email to the primary email address associated with your account. The Easy Does It Notice must (A) include the name of a Easy Does It contact and the contact’s email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and Easy Does It cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or Easy Does It receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Easy Does It first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.







(b) Binding Arbitration





Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Easy Does It, including any disputes in which you or Easy Does It seek injunctive or other equitable relief for the alleged unlawful use of your or Easy Does It’s intellectual property rights or other infringement of your or Easy Does It’s intellectual property rights (“IP Claims”), all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 15(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.



(c) Governance


These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

(d) Submission



All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:





  1. YOU AND EASY DOES IT AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND EASY DOES IT ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Easy Does It or you by the same or coordinated counsel, 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.





  2. For any arbitration you initiate, you will pay the consumer filing fee, and Easy Does It will pay the remaining AAA fees and costs. For any arbitration initiated by Easy Does It, Easy Does It will pay all AAA fees and costs.





  3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.






  4. If you or Easy Does It submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Easy Does It agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Easy Does It agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.





  5. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.












  6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Easy Does It or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Easy Does It understand and agree that when twenty-five (25) or more similar claims are asserted against Easy Does It or you by the same or coordinated counsel or are otherwise resolved, your or Easy Does It’s Arbitrable Claim might be delayed. For such coordinated actions, you and Easy Does It also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for Easy Does It shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Easy Does It or you.







(e) One Year to Assert Claims



To the extent permitted by law, any Arbitrable Claim by you or Easy Does It relating in any way to these Terms, our Services, or any aspect of the relationship between you and Easy Does It as relates to these Terms or our Services, must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and Easy Does It will not have the right to assert the Arbitrable Claim.

(f) Opt-Out Right




You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at cheers@easydoesitbrew.com or by certified mail addressed to 4024 Radford Ave, Annex 7, Room 502, Studio City, CA 91604. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.


(g) Severability





If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) 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. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 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 this Section 15 will be enforceable.



(h) Other Jurisdictions



Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 15 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

16 Governing Law




These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of California except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration pursuant to Section 15, then the state and federal courts located in Los Angeles, California will have exclusive jurisdiction. You and Easy Does It irrevocably waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.



17 Modifying and Terminating Our Services




We may: (a) modify our Services or suspend or terminate providing all or part of our Services at any time; (b) charge, modify, or waive any fees required to use our Services; or (c) offer opportunities to some or all end users of our Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to our Services will be governed by these Terms or Supplemental Terms, unless otherwise expressly stated by Easy Does It in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.



18 Severability




If any portion of these Terms other than Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable, and the responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.



19 Miscellaneous




Easy Does It’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.