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HYDAWAY Terms of Use

Last updated September 2017

Welcome to the HYDAWAY website, www.hydawaybottle.com. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the HYDAWAY Website and HYDAWAY’s services, applications, content and products (collectively, the “Site”). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. HYDAWAY  reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. HYDAWAY provides you with access to and use of the Site subject to your compliance with the Terms. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. INTELLECTUAL PROPERTY No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site or if granted written permission. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is HYDAWAY property or that of our suppliers or licensors. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of HYDAWAY. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. SITE TRANSACTIONS We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel either the entire order, or quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability (no financial obligation) to you or anyone else. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, HYDAWAY shall issue you a refund. PRODUCT INFORMATION Most HYDAWAY products displayed on the Site are available in select stores in the United States and foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in any and/or all stores. Products displayed may be out of stock or discontinued, and prices are subject to change. HYDAWAY is not responsible for typographical errors regarding price or any other matter. COLORS We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. USER GENERATED CONTENT We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #hydaway, #myhydaway, #hydawaybottle, or any other HYDAWAY promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to HYDAWAY and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or inspect or approve the editorial copy or other material that may be used in connection with the User Content. HYDAWAY will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. HYDAWAY shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. HYDAWAY retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. HYDAWAY takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is HYDAWAY liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, HYDAWAY is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although HYDAWAY has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, HYDAWAY reserves the right, and has sole discretion, to remove without notice and without stated reason any User Generated Content posted or stored on the Site at any given time. PROHIBITED USES The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. HYDAWAY specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
  • Posting any information which is incomplete, false, inaccurate, or not your own
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
  • Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
  • Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
  • Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
  • Attempting to interfere in any way with the Site’s or HYDAWAY’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
  • Communicating, transmitting or posting material that is in violation of applicable laws or regulations
  • Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
  • Material that promotes illegal drug use, tobacco or firearms use
  • Material that communicates messages inconsistent with the positive goodwill of HYDAWAY
  • Material that, in the sole judgment of HYDAWAY, is objectionable, or which may expose HYDAWAY or its users to any harm.
COMMENTS AND SUBMISSIONS Anything that you submit or post to the Site and/or provide HYDAWAY, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and HYDAWAY shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of HYDAWAY and shall not be returned to you. HYDAWAY is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that HYDAWAY may use and/or disclose information consistent with our Privacy Policy. SECURITY RULES Violations of system or network security may result in civil or criminal liability. HYDAWAY investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
  • Accessing data not intended for you or logging on to a HYDAWAY server or account that you are not authorized to access
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
INTERNATIONAL USE We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable U.S. laws, rules and regulations in connection with your use of the Site. PRIVACY POLICY Notwithstanding anything else to the contrary contained in these Terms of Use, HYDAWAY’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding HYDAWAY’s protection of your personal information, please refer to our Privacy Policy page. COPYRIGHT COMPLAINT POLICY If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying HYDAWAY that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers): 1. A clear identification of the copyrighted work you claim was infringed. 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. 3. Your contact information so that we can reply to your complaint, preferably including an e-mail address and telephone number. 4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” 5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” 6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on the Site should be e-mailed to hello@hydawaybottle.com. Phone: 888-584-9376 We highly suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, any and all reasonable costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply within the requirements above. DISCLAIMER THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HYDAWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HYDAWAY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. HYDAWAY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. HYDAWAY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE AND/OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL HYDAWAY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF HYDAWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST HYDAWAY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF HYDAWAY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, HYDAWAY’S LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.