Please read these TOU carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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.
THIRD-PARTY WEBSITES AND RESOURCES (“THIRD PARTY RESOURCES”)
The Site may provide links to third party websites or resources (“Third Party Resources”). Because we have no control over external sites and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these TOU. However, those social media websites are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.
PERMITTED USE AND PROHIBITED USE IN GENERAL
We hereby grant you limited permission to use the Site so long as we provide you with access, and solely for your personal, noncommercial use. For the avoidance of doubt, we are not giving you any rights or license with respect to any aspect of the Site, all rights being held by us, unless otherwise expressly stated by us in connection with a specifically identified portion function of the Site. In the event of any ambiguity, ownership and all associated rights shall rest with us.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason. Without limiting the foregoing, we specifically prohibit the use of the Site for any purpose deemed improper by us. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site without our prior written authorization; (ii) use of the Site to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site; and (vi) of use that is not in compliance with these terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Site.
MODIFICATIONS TO SITE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
TERMINATION OF ACCESS
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account (if you have registered) and/or your ability to access the Site, for any reason or no reason, including any breach by you of these TOU or conduct by you that we determine to be inappropriate.
ERRORS AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site inaccurate at any time without prior notice.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains proprietary information, content and other materials that are or may be protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on the Site.
Chlorophyll Water, the Bottle Designs, accompanying logos, photography, trade dress and all other intellectual property on the Site are owned by Chlorophyll Water, LLC or its affiliates.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.
WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The SITE may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices on the home page of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to:
Chlorophyll Water, LLC
You agree to hold Chlorophyll Water, LLC. and its subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site.
CHOICE OF LAW
These TOU and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect.
CHLOROPHYLL WATER PRODUCT INFORMATION
While we work to ensure that product information on the Site is correct and current, on occasion we may alter a product’s ingredients as we strive to improve our products. Actual product packaging and materials may contain more and/or different information than that shown on our Site. Always fully read product labels before consuming our products. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
These TOU also include and apply to the information provided in the FAQ portion of our site, concerning shipping, returns, orders, your account and ingredients.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT CHLOROPHYLL WATER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CHLOROPHYLL WATER, LLC, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.