H2O4K9™ Inc. Terms of Use Agreement
This Web Site, H2O4K9.com, ("Site") is hosted by H2O4K9 Inc., subsidiaries
and affiliates (collectively, "H2O4K9 Inc.").
By using this Site, you agree to be legally bound by all the terms and conditions
contained in this Terms of Use Agreement ("Agreement"). Please read
these terms carefully. By using this Site you also represent that you are at
least 18 years old, or you are at least the minimum legal age to enter into
a contract in the jurisdiction in which you are viewing the Site. In addition,
when you use any current or future version of this Site or any other H2O4K9
Inc. Web Site, you also will be subject to the terms and conditions of this
Agreement. Please print a copy of this Agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make
changes, we will post those changes here. Your use of the Site following any
such modification constitutes your agreement to the terms of the modified Agreement.
Privacy
Please review our privacy policy, which also governs your visit to the Site,
to understand our privacy practices. The terms and conditions of our privacy
policy are incorporated herein and made a part of this Agreement.
Orders
H2O4K9 Inc. does not sell products to children. H2O4K9 Inc. only sells products
to adults, ages 18 years and older, who can purchase them with a credit card.
H2O4K9 Inc. reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion, including, without
limitation, if H2O4K9 Inc. believes that user conduct violates applicable law
or is harmful to the interests of H2O4K9 Inc. or its affiliates.
Trademarks
H2O4K9™ Inc. is a registered trademark in the United States and other
countries. All rights reserved.
This Site refers to third-party trademarks, including without limitation: Facebook
is a registered trademark of Facebook, Inc.; Twitter is a registered trademark
of Twitter, Inc.; YouTube and the YouTube logo are trademarks of Google Inc.
All rights in the product names, company names, trade names, graphics, logos,
page headers, button icons, scripts, product packaging, trade dress and designs
of all H2O4K9 Inc. or third-party products or services, whether or not appearing
in large print or with the trademark symbol, belong exclusively to H2O4K9 Inc.
or their respective owners and are protected from reproduction, imitation, dilution,
or confusing or misleading uses under national and international trademark and
copyright laws. The use or misuse of these trademarks or any materials, except
as permitted herein, is expressly prohibited, and nothing stated or implied
on this Site confers on you any license or right under any patent or trademark
of H2O4K9 Inc. or any third party.
Patent
H2O4K9™ Inc. has patents pending on its products in the United States
and other countries.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on the Site, and the selection, coordination, and
arrangement of such content, are owned by H2O4K9 Inc. or its third-party licensors
to the full extent provided under the United States Copyright Act and all international
copyright laws. Under applicable copyright laws, you are prohibited from copying,
reproducing, modifying, distributing, displaying, performing, or transmitting
any of the contents of the Site for any purposes. Nothing stated or implied
on the Site confers on you any license or right under any copyright of H2O4K9
Inc. or any third party.
The Site and the information contained in reference herein are for your personal,
non-commercial use only. Except as otherwise specifically permitted herein,
you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify,
publish, rent, sell, publicly display, perform, distribute, transmit, or circulate
to anyone the contents of this Site, or use the contents of this Site in litigation,
or for any commercial or promotional purposes, without the express written consent
of H2O4K9 Inc. or its lawful successors and assigns. For usage permission, Contact
Us.
Notice of Copyright Infringement
H2O4K9 Inc. respects the intellectual property of others. If you believe that
your work has been copied and is accessible on this Site in a way that constitutes
copyright infringement, please provide H2O4K9 Inc.'s Copyright Agent with the
following information:
Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material on the Site that is requested
to be removed
Your name, address, and daytime telephone number, and an email address if available,
so that H2O4K9 Inc. may contact you if necessary
A statement that you have a good faith belief that the use of the copyrighted
work is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed
An electronic or physical signature of the copyright owner or someone authorized
on the owner's behalf to assert infringement of copyright and to submit the
statement.
H2O4K9 Inc.'s Legal Counsel can be reached as follows:
H2O4K9 Inc. Legal Counsel
707 Wilshire Blvd., Suite 2025
Los Angeles, CA 90017
email: legal@H2O4K9.com
License and Site Access
H2O4K9 Inc. grants you a limited license to access and make personal use of
this Site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of H2O4K9 Inc. This license
does not include any resale or commercial use of this Site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of H2O4K9 Inc. You may not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of H2O4K9 Inc. and our affiliates
without express written consent. You may not use meta-tags or any other hidden
text using H2O4K9 Inc.'s name or trademarks without the express written consent
of H2O4K9 Inc. Any unauthorized use terminates the permission or license granted
by H2O4K9 Inc.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to any page of H2O4K9 Inc. so long as the link does not portray H2O4K9 Inc.
or its products or services in a false, misleading, derogatory, or otherwise
offensive manner. You may not use any H2O4K9 Inc. logo or other proprietary
graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks ("links") to Web Sites operated by
persons or entities other than H2O4K9 Inc. ("third-party Web Sites")
or to co-branded Web Sites operated by a third party, including affiliates ("co-branded
Web Sites"). We provide such links for your reference and convenience only.
A link from H2O4K9 Inc. to a third-party Web Site does not imply or mean that
we endorse the content on that third-party or co-branded Web Site or the operator
or operations of that Web Site. You are solely responsible for determining the
extent to which you use any content at any third party or co-branded Web Sites
to which you might link from our Site. H2O4K9 INC. IS NOT RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY
WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB
SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY
TRANSACTION.
Non- U.S. Net Users
Sales of our products must follow U.S. Commerce Department Regulations and State
Department restrictions.
Your Responsibilities
You agree to comply with all applicable law in connection with your use of the
Site, and such further limitations as may be set forth in any written or on-screen
notice from H2O4K9 Inc. . As a condition of your use of the Site, you warrant
that you will not use the Site for any purpose that is unlawful or prohibited
by this Agreement. All information that you provide in connection with a purchase
or transaction or other monetary transaction interaction with this Site or any
co-branded Web Site will be accurate, complete, and current. You will pay all
charges incurred by users of your credit card, debit card, or other payment
method used in connection with a purchase or transaction or other monetary transaction
interaction with H2O4K9 Inc. or any co-branded Web Site at the prices in effect
when such charges are incurred. You will pay any applicable taxes, if any, relating
to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security
of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a 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.
Attempting to interfere with service to any user, host, or network, including,
without limitation, by way of submitting a virus to or overloading, "flooding,"
"spamming," "mail-bombing," or "crashing" the
Site
Sending unsolicited email, including promotions and/or advertising of products
or services
Forging any TCP/IP packet header or any part of the header information in any
email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered to you by
an independent carrier not affiliated with, or controlled by, H2O4K9 Inc. Title
to products purchased on the Site, as well as the risk of loss for such products,
passes to you when H2O4K9 Inc. delivers these items to the carrier.
International
Products sold by H2O4K9 Inc. may be exported from the United States only in
accordance with the Export Administration Regulations. Diversion contrary to
United States law is prohibited. Customer warrants and represents that it is
eligible to receive Products under United States law and agrees to abide by
any export or re-export restrictions imposed by the manufacturer or publisher.
Product Information
H2O4K9 Inc. attempts to be as accurate as possible in describing its products.
We do not warrant that product descriptions or other content of this Site are
accurate, complete, reliable, current, or error-free. Most of H2O4K9 Inc.’s
products displayed on the Site are available in select retail stores in the
United States and select foreign markets while supplies last. In some cases,
merchandise displayed for sale at the Site may not be available in retail stores.
Unless otherwise stated, the prices displayed at the Site are quoted in U.S.
Dollars.
Colors
H2O4K9 Inc. makes every effort to display as accurately as possible the colors
of our products that appear at the Site. As the actual colors you see depend
on your computer monitor, however, we cannot guarantee that your monitor's display
of any color will be accurate.
90 Day Limited Warranty
For 90 days after the date of shipment to an End-User, H2O4K9 Inc. will at its
sole discretion, replace, repair or furnish credit for any Product purchased
by an End-User that, in H2O4K9 Inc.’s judgment, has a defect in material
or workmanship, provided the product is returned, transportation charges prepaid,
to H2O4K9 Inc. Distribution Center, with H2O4K9 Inc.’s prior permission
and return authorization number (RA#), and provided further that the product
has not been misused, improperly operated, or subject to unauthorized repairs
or modifications. This warranty is in lieu of all other warranties, expressed,
implied or statutory, including the warranty of merchantability and the warranty
of fitness or of suitability for a particular purpose and of all other obligations
or liabilities on H2O4K9 Inc.’s part, and H2O4K9 Inc. neither assumes
nor authorizes any other person to assume for H2O4K9 Inc. any other liabilities
in connection with the sale of the said Product. If H2O4K9 Inc.’s examination
does not disclose a defect in material or workmanship on a product claimed to
be defective. The End-user agrees to pay H2O4K9 Inc.’s established charges
for unpacking, testing, and repackaging the product for reshipment to the End-user.
This provision states the End-user’s exclusive and sole remedy for breach
of warranty. This provision does not extend the original warranty period of
any product that has been repaired or replaced by H2O4K9 Inc.
Limitation of Liability
H2O4K9 Inc.’s liability under the warranty shall be limited to replacement,
repair or credit for the customer’s purchase price. In no event shall
EVERICH be liable for the cost of procurement of substitute goods by the customer
or for any special, consequential or incidental damages for breach of warranty.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
Except for the express warranty set forth above, H2O4K9 Inc. grants no other
warranties, express or implied, by statute or otherwise, regarding the Products,
their fitness for any purpose, their quality, their merchantability, or otherwise.
THIS SITE IS PROVIDED BY H2O4K9 INC. ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O4K9 INC. MAKES NO REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS,
SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM
ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED;
OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM
ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL H2O4K9 INC. , OR ANY PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL,
EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY
TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE
THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS
OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO H2O4K9 INC.
THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR
LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and
all actions contemplated by this Agreement will be governed by the laws of the
United States of America and the State of California, without regard to principles
of conflicts of law and as if this Agreement were a contract wholly entered
into and wholly performed within the State of California. This Agreement will
not be governed by the United Nations Convention on Contracts for the International
Sale of Goods.
Any dispute relating in any way to your visit to H2O4K9 Inc. or to products you purchase through H2O4K9 Inc. shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate H2O4K9 Inc. 's intellectual property rights, H2O4K9 Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless H2O4K9 Inc. and its affiliates,
successors and assigns, and its and their directors, officers, employees, agents,
co-branders or other partners from and against any and all allegations, claims,
demands, actions, causes of action, proceedings (whether threatened or pending),
orders, damages, losses, liabilities, costs and expenses, including reasonable
attorney's fees and other legal expenses, and judgments of any kind of nature,
incurred by H2O4K9 Inc. arising out of or relating to your use of the Site,
your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
H2O4K9 Inc. may discontinue the Site at any time and for any reason, without
notice. We may change the contents, operation, or any and all other features
of the Site at any time for any reason, without notice. We may discontinue or
restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and H2O4K9 Inc. as a result of this Agreement or your use
of this Site. Nothing contained in this Agreement is in derogation of H2O4K9
Inc.'s right to comply with governmental, court, and law enforcement requests
or requirements relating to your use of this Site or information provided to
or gathered by H2O4K9 Inc. with respect to such use. A printed version of this
Agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
The failure of H2O4K9 Inc. to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
H2O4K9 Inc. shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between H2O4K9 Inc. and you regarding our Site and its contents.
These Terms of Sale may be modified from time to time by H2O4K9 Inc. without notice, and are current as of the date of the then current advertisement or Web site. Please refer to the current advertisement or Web site.
All rights not expressly granted herein are hereby reserved.
