TERMS & CONDITIONS

Eternal Beverages Inc. Online Store & Subscription Service Terms and Conditions of Use


These terms and conditions (“Terms”) are between you and Eternal Beverages Inc. (“Eternal Water”, “we”, “us” or “our”), and govern your and our respective rights and obligations for our Eternal Beverages Inc. Store (our “Store”). The Terms constitute the entire agreement between you and Eternal Water relating to our Store. Please note that your use of the eternalwater.com website (the “Site”) is also governed by our Terms and Conditions of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Site, all of which (as changed over time) are incorporated into these Terms. By placing an order through our Store, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully. 


SUBSCRIPTION SERVICES 


Recurring Subscriptions: If you sign up for a recurring subscription plan from the Eternal Water Store, you will receive the same products you ordered at the frequency selected at subscription registration. Your recurring subscription will continue until it is canceled by either you or Eternal Water. Either you or Eternal Water can cancel any recurring subscription at any time with no cancellation fee and no responsibility for recurring charges after cancellation, except that if a shipment in a recurring subscription has already been processed prior to such cancellation, your recurring subscription shipment will be cancelled after the aforementioned shipment and you will still be responsible for payment of the last shipment. Upon cancellation, any account created or registered by you for our Store (your “Account”) will not be deleted and you can still sign in to our Store until such time as Eternal Water limits your access to or suspends your Account. You agree that any cancellation, limitation of access and/or suspension of your Account shall be made in Eternal Water’s sole discretion and that Eternal Water not be liable to you or any third party for the cancellation, limitation of access and/or suspension of your Account. Eternal Water reserves the right to update or modify subscription pricing and/or terms at any time, with reasonable notice to the consumer to cancel or continue the subscription. 


FRAUD PROTECTION 


As part of the order processing procedures for the Eternal Water Store, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 


TRANSACTIONS 


If you wish to purchase any product or service made available through the Eternal Water Online Store (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Eternal Beverages Inc. the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted in the Eternal Water Online Store are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Eternal Water Online Store does not imply or warrant that these products or services will be available. It is your responsibility to confirm and obey all applicable local, state, federal, and international laws, including minimum age requirements, in regard to the receipt, possession, use, and sale of any item purchased from the Eternal Water Online Store. By placing an order, you represent that the products ordered will be used only in a lawful manner. Eternal Beverages Inc. reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) prohibit any user from making or completing any Transaction through the Eternal Water Online Store; and (iv) decline to provide any user with any product or service.You agree that by placing an order through the Eternal Water Online Store, you are entering into a binding contract with Eternal Beverages Inc. and agree to pay all charges that may be incurred by you or on your behalf through the Eternal Water Online Store, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. 


RISK OF LOSS 


Any product purchased from the Eternal Water Online Store will be shipped by a third-party carrier. As a result, title and risk of loss for such product will pass to you upon our delivery of product to the carrier for shipment and delivery to a customer. 


RETURNS & REFUNDS 


If the product(s) you purchased from the Eternal Water Online Store becomes damaged while being delivered by a third-party carrier to you, we will replace or refund the product for up to 60 days after the date of your purchase. For any replacements or refunds, please email us at support@eternalwater.com. 


SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT FROM OUR STORE THE TRANSACTION IS COMPLETE AND ETERNAL WATER WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON. 


CONTACT US 


If you have any questions about these Terms, please email us at support@eternalwater.com. 


Eternal Beverages Inc. Terms and Conditions of Use 


Your access and use of the Eternal Beverages Inc. website, including your use of any ratings and review service that we may make available, is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Eternal Beverages Inc. website, you accept, without limitation or qualification, the Terms and Conditions below. 


Additionally, please review our Privacy Policy, which also governs your visit to this Eternal Beverages Inc. website, to understand our information practices. 


1. License and Website Access 


1.1 We grant you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Eternal Beverages Inc. This license does not include any resale or commercial use of this website or its contents; any collection and/or use of any product listings, descriptions, and/or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Eternal Beverages Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Eternal Beverages Inc. Any unauthorized use terminates the permission or license granted by Eternal Beverages Inc. 


1.2 You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray Eternal Beverages Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Eternal Beverages Inc. logo or other proprietary graphics or trademarks as part of the link without our express written permission. 


2. Copyright and Trademarks 


2.1 All content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software is the property of Eternal Beverages Inc. or its content suppliers and protected by United States and International copyright laws. All software used on this site is the property of Eternal Beverages Inc. or its software suppliers and is protected by United States and International copyright laws. 


2.2 Marks indicated on our website are registered trademarks of Eternal Beverages Inc. and/or its affiliates, in the United States and other countries. All other trademarks not owned by Eternal Beverages Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eternal Beverages Inc. or its subsidiaries. 


3. Use of the Website and User Submissions 


3.1 If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 


3.2 We do sell products for children, but sell them to adults, who can purchase with a credit card. If you are under 18, you may use this website only with the involvement of and/or authorization from a parent or guardian. Eternal Beverages Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 


3.3 Eternal Beverages Inc. does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States patents or copyrights. If you send, submit, or post any communications or materials to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. For any content that you submit, you grant Eternal Beverages Inc. and its affiliates a nonexclusive, perpetual, irrevocable, royalty-free, transferrable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or display such content, ideas, concepts, know-how, or techniques, and/or incorporate such content, ideas, concepts, know-how, or techniques into any form, medium or technology throughout the world without compensation to you. You grant Eternal Beverages Inc. and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. 


3.4 All content that you submit may be used at Eternal Beverages Inc.'s sole discretion. Eternal Beverages Inc. reserves the right to change, condense or delete any content on Eternal Beverages Inc.'s website that Eternal Beverages Inc. deems, in its sole discretion, to violate the guidelines contained herein or any other provision of these Terms and Conditions of Use. Eternal Beverages Inc. does not guarantee that you will have any recourse through Eternal Beverages Inc. to edit or delete any ratings or written comments you have submitted. 


3.5 Eternal Beverages Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Eternal Beverages Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Eternal Beverages Inc., its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. 


3.6 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Eternal Beverages Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Eternal Beverages Inc. to disclose the identity of anyone posting such materials. 


3.7 Although Eternal Beverages Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Eternal Beverages Inc. is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. 


3.8 You agree to indemnify and hold Eternal Beverages Inc., as well as its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party. 


3.9 General review writing rules and guidelines. You may be able to post reviews on this website. The maximum allowed length may vary depending upon the website you are on and the function you are using. 


3.10 What to include: Your comments should focus on your experience and context. The best comments include not only whether you liked or disliked an experience, but also why. Feel free to mention related items and how this submission rates in comparison to them. 


3.11 What not to include: You agree and warrant that you shall not submit any of the following content: time-sensitive material; comments on other reviews; profanity, obscenities, or spiteful remarks; single-word reviews - we want to know why you liked or disliked the item; solicitations for helpful votes; content known by you to be false, inaccurate or misleading; content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; content that violates any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; content that is, or may reasonably be considered in Eternal Beverages Inc.’s sole discretion to be, defamatory, libelous, obscene, pornographic, profane, hateful, racially or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation; content for which you were compensated or granted any consideration by any third party; any information that references other websites, addresses, email addresses, contact information or phone numbers; any computer viruses, worms or other potentially damaging computer programs or files. Comments in violation of these guidelines may not be posted. 


3.12 All submitted reviews become the licensed property of Eternal Beverages Inc. Your reviews may be posted on the website. Submissions that do not follow our review guidelines may not be posted. 


3.13 By submitting any content you represent and warrant that: (1) you are the sole author and owner of the intellectual property rights thereto; (2) all "moral rights" that you may have in such content have been voluntarily waived by you; (3) you are at least 18 years old; (4) use of the content you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity. 


4. Disclaimers 


4.1 Your use of the website is at your risk. Eternal Beverages Inc. makes no warranties or representations as to its accuracy and Eternal Beverages Inc. specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Eternal Beverages Inc. nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 


4.2 Eternal Beverages Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. 


5. Descriptions of Products and Services 


5.1 The Eternal Beverages Inc. website refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your particular locality. The reference to any such products or services in this website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Eternal Beverages Inc. authorized representative/distributor for specific product/service availability in your locality. 


5.2 We do not warrant that the descriptions or other content of this site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the website are subject to change at any time without notice. 


6. Third Party Websites 


6.1 Eternal Beverages Inc. is not responsible for the content of any site linked to or from the website. Your linking to any other site is entirely at your own risk. While Eternal Beverages Inc. may provide links on this website to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Eternal Beverages Inc. disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites. 


7. Revisions 


7.1 Eternal Beverages Inc. may at any time revise these Terms and Conditions of Use by updating this posting. Since you are bound by these Terms and Conditions of Use, you should therefore periodically visit this website to review the then current Terms and Conditions of Use. 


8. Copyright Complaints 


8.1 If you believe that any material contained on this website infringes on your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. Eternal Beverages Inc. will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is: 

Eternal Beverages Inc. 

ATTN: Legal Department 

2950 Buskirk Ave Suite 312 

Walnut Creek, CA 94597 


8.2 To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 

• Physical or electronic signature of a person authorized to act on behalf of the owner(s) of an exclusive right that is allegedly infringed; 

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

• 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 to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 

• 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; 

• A statement made under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 


9. Applicable Law 


9.1 These Terms and Condition of Use are to be governed by and construed in accordance with the law of California, United States of America, without reference to its conflicts of law rules. 


10. Arbitration 


10.1 Any dispute relating in any way to your visit to an Eternal Beverages Inc. website or to products or services you purchase through an Eternal Beverages Inc. website shall be settled first by mediation and then if unresolved to arbitration in accordance with the rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Eternal Beverages Inc.'s intellectual property rights, Eternal Beverages Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised. 


11. Severability 


11.1 If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.