Drink Water Terms of Use (USA)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use govern the products and services made available to you by Drink Water LLC (“Drink Water, “we”, “us” or “our”). By accessing or using this website, mobile application or other Drink Water product or service (collectively, the "Site"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. If you order any product or service provided through the Site, then fulfillment of your order is expressly conditioned upon your assent to these Terms of Use. We may change these Terms of Use at any time without notice, effective upon its posting to the Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
Intellectual Property
All intellectual property and content on the Site is owned by Drink Water or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names (e.g. DRINK WATER and Drink Water logo) are owned, registered and/or licensed by Drink Water. All content on the Site, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Site Content") is a collective work under the United States and other copyright laws and is the proprietary property of Drink Water, all rights reserved. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
Site Use Restrictions
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. You represent and warrant that your activities on the Site do not and will not violate these Terms of Use or the rights of any third party. You also agree to the following:
Safeguard Your Username/Password
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
Eligibility
To become a member of the Site, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms used in conjunction with the Site. This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under 13 to use the Site. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to use the Site.
Sales Policy
Electronic Communications
By using the Site, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Mobile Services
The Site may contain services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to update your account information within 48 hours to ensure that we don't send your messages to a different person.
Submissions
In the event that you submit or post any creative suggestions, proposals, or ideas about our Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
Links
The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk.
International Users
We control and operate the Site from our offices in the United States. We do not represent that Site Content is applicable, appropriate or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.
Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site. You agree to our use of your personal information and content in accordance with our Privacy Policy.
Copyright Notice and Takedown
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at:
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
Warranty Disclaimer
The Site, User Content, Site Content, and the materials and products sold on or through this Site are provided “AS IS” and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content and User Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content, User Content and other items used or contained in the Site at any time without notice.
Limitation of Liability
Drink Water shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site; (ii) the Site Content or the conduct of other Site users or third parties; (ii) the performance of the products purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data; (vi) termination or downgrading of your account or (vii) any other matter relating to the Site or any of our other products or services. Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to the Terms of Use, use of the Site or Site Content is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall not exceed US$100.00. Our liability shall never exceed the amounts paid to us by you for our products or services. Applicable law may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Drink Water, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way to your use of the Site, your conduct in connection with the Site or your violation of these Terms of Use, any law or the rights of any third party.
Termination
We reserve the right in our sole discretion to (i) terminate your account, (ii) restrict your use of all or any part of the Site, and (iii) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site.
These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Miscellaneous and terms that by their nature may survive termination shall survive any termination.
Miscellaneous
You agree that this Site shall be deemed a passive website solely based in Utah, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Utah.
You agree that this Site, Terms of Use, Privacy Policy and any dispute between you and us shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the United Nations Convention on the International Sale of Goods. These Terms of Use are further subject to Oregon Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of our products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
Any cause of action or claim you may have with respect to the Site (including without limitation the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.
Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.
We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms of Use to anyone.
If any provision in these Terms of Use is invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.
These Terms of Use and Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of the Terms of Use.
Date of last revision: November 2022
