IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT USE THE SITE.
Additional policies and terms may apply to specific portions of the Site and may not be included as part of these Terms (“Special Terms”). Please refer and review all additional Special Terms. If there is a conflict between these Terms and Special Terms, the latter shall have precedence with respect to your use of that area of the Site.
MODIFICATION OF SITE TERMS
ACCESSING THE WEBSITE AND ACCOUNT SECURITYWe reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
INTELLECTUAL PROPERTY RIGHTS
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
DripDrop may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that DripDrop intends to offer them in your location. DripDrop controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations.
All Content, is for educational purposes only. Such Content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such Content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that DripDrop is safe for you under every circumstance. Furthermore, some Content comes from third parties and unless expressly stated, DripDrop does not represent or guarantee that such Content is accurate, complete or timely. Consult your medical professional for guidance, and regarding the applicability of any opinions, research results, or recommendations with respect to any symptoms or medical condition.
The health information content on this website is for informational purposes only. None of the contents is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on this Site. This Site is intended only to recommend DripDrop products for the specified uses and does not recommend or endorse any other specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.
THIRD PARTY CONTENT
You may create a hypertext link to the home page of the Site, but all other linking is prohibited without prior written consent from DripDrop. You may not use, frame or utilize framing techniques to enclose any Drip Drop trademark, logo or other proprietary materials, including the images posted on the Site, the Content of any text or the design of any page, or form contained on a page without DripDrop's express written consent. DripDrop makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party web site, products or services provided by any third party.
Any and all Content posted on the Site is owned by DripDrop and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of DripDrop or the respective owner. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use DripDrop's name, logo or other trademarks for any purpose without the express written consent of DripDrop. DripDrop reserves any rights not expressly granted herein.
LIMITATION OF LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, DRIP DROP IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY DRIP DROP OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT DRIP DROP SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INLCUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF DRIP DROP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF DRIP DROP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold DripDrop and its affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
POLICIES AND ENFORCEMENT
DripDrop has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. DripDrop may access at any time and use internally for any lawful purpose information stored in its systems. DripDrop may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.
GENERALThese Terms and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an "original" or "in writing" and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. Last updated: March 28, 2015 Copyright© 2015 Drip Drop, Inc. All rights reserved.
DEFINITION OF PERSONAL INFORMATION
“Personal Information” means information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by the DripDrop website and maintained by DripDrop in accessible form.
HOW PERSONAL INFORMATION IS COLLECTED
PERSONAL INFORMATION YOU SUBMIT: DripDrop collects personal information that you enter into data fields on DripDrop’s Website. For example, you may submit your name, postal address, e-mail address, credit card information and/or any other information to complete a transaction through our store. PASSIVE COLLECTION OF UNIDENTIFIABLE INFORMATION: DripDrop may collect information about your visit without you actively submitting such information. Unidentifiable information may be collected using various technologies, including but not limited to cookies, Internet tags, web beacons, and other analytic devices. Your Internet browser automatically transmits to DripDrop some of this unidentifiable information, such as the URL of the Website you just visited and the browser version your computer is operating. Certain features of the DripDrop Site may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identity you without additional identifiable information.
HOW PERSONAL INFORMATION IS COLLECTED AND USED
After you have entered personal information into a form or data field on the DripDrop Site, DripDrop may use certain identifying technologies to "remember" your personal preferences, such as sections of the Site that you visit frequently and, if you choose, your user ID and Account Login Information. We may also use this personal information for other business purposes, such as to offer you the opportunity to receive notices regarding DripDrop's products or services or to notify you about special promotions. SHOPIFY: Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement.
CHOICES YOU HAVE ABOUT HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
You may always limit the amount and type of personal information that DripDrop receives about you by choosing not to enter any personal information into forms or data fields on the DripDrop Site. Some of our online services can only be provided to you if you provide us with appropriate personal information. Other parts of the DripDrop Site may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional services that may be of interest to you. The DripDrop Site does not generally provide you with the ability to opt out of the tracking technologies. Some Internet browsers allow you to limit or disable the use of tracking technologies that collect unidentifiable information.
WHO HAS ACCESS TO THE PERSONAL INFORMATION
DripDrop may access at any time and use internally for any lawful purpose information stored in its systems. However, personal information can only be accessed by a restricted number of DripDrop employees.
HOW/WHEN PERSONAL INFORMATION IS SHARED WITH THIRD PARTIES
HOW PERSONAL INFORMATION IS SECURED
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure your information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. It is DripDrop's practice to secure each web page that collects personal information; however, the confidentiality of personal information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health. DripDrop cannot guarantee that unauthorized third parties will not gain access to your personal information; therefore, when submitting personal information to the Drip Drop Site, you must weigh both the benefits and the risks.
HOW CHILDREN’S PRIVACY IS PROTECTED
DripDrop does not knowingly collect or use any personal information from children (we define "children" as minors younger than 13) on the DripDrop Site. We do not knowingly allow children to order our products, communicate with us, or use any of our online services.
CONSENT TO EMAIL COMMUNCATION
When you visit the DripDrop Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the DripDrop Site.
HOW TO CORRECT INFORMATION OR DELETE IT FROM CURRENT CUSTOMER RECORDS
You may request to remove your personal information from our current customer records or to amend your personal information. Please notify us of your wishes by contacting us in one of the ways specified below. For our record keeping purposes, we will retain certain personal information you submit in conjunction with commercial transactions.
If you have any questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications with DripDrop Hydration, PBC., please contact us by clicking on the “Contact Us” link on the DripDrop site, by emailing us at email@example.com, or by mail at: Drip Drop Hydration, PBC. Attn: Compliance & Operations Dept. 260 1144 65th Street, Suite C Oakland CA 94608