Our Enforcement Rights; Interactions with Other Users
We are not obligated to monitor access or use of the Hidrate Service, Hidrate Content, or User Content or to review or edit any Hidrate Content or User Content, but we have the right to do so for the purpose of operating the Hidrate Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Hidrate Service, any Hidrate Content, or User Content at any time and without notice, and at our sole discretion, if we determine that the Hidrate Content, User Content, or your use of the Hidrate Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Hidrate Service.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that Hidrate reserves the right, but has no obligation, to intercede in such disputes. You agree that Hidrate will not be responsible for any liabilities incurred as the result of such interaction.
Use The Hidrate Service At Your Own Risk
Our goal is to provide helpful and accurate information via the Hidrate Service. HOWEVER, WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT ANY HIDRATE CONTENT, INFORMATION, SERVICES OR RECOMMENDATIONS. THE ACCURACY OF THE DATA COLLECTED AND PRESENTED THROUGH THE HIDRATE SERVICE IS NOT INTENDED TO MATCH THAT OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE HIDRATE SERVICE. MAPS, INCLUDING DATA RELATING TO YOUR CURRENT LOCATION, MAY BE UNAVAILABLE, INACCURATE OR INCOMPLETE. IF YOU RELY ON ANY HIDRATE CONTENT OR THE HIDRATE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
Consult Your Doctor Before Using The Hidrate Service
ONLY A MEDICAL PROFESSIONAL CAN ADVISE YOU OF YOUR PERSONAL HYDRATION NEEDS. THE HIDRATE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. IF YOU HAVE A MEDICAL OR HEART CONDITION, CONSULT YOUR DOCTOR BEFORE USING THE HIDRATE SERVICE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE HIDRATE SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM RECOMMENDED DAILY GOALS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE HIDRATE SERVICE. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE OR LEARN ABOUT THROUGH THE HIDRATE SERVICE YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
HIDRATE IS NOT PRESCRIBING AN AMOUNT OF WATER FOR YOU TO DRINK, HIDRATE IS ONLY RECOMMENDING A SUGGESTED AMOUNT OF WATER TO BE CONSUMED EACH DAY BASED ON YOUR PERSONAL PARAMETERS THAT YOU PROVIDE. DRINKING TOO MUCH WATER CAN BE DANGEROUS SO DO NOT FOLLOW THIS RECOMMENDED DAILY GOAL IF YOU HAVE HEALTH CONDITIONS THAT REQUIRE RESTRICTED WATER CONSUMPTION. CONSULT YOUR DOCTOR BEFORE USING THE HIDRATE SERVICE, AND MANUALLY SET YOUR OWN GOAL TO COMPLY WITH YOUR CONDITIONS AT YOUR OWN RISK.
Use Common Sense
Use of the Hidrate Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany the Device and the Service, including those located on the Site.
If you submit comments, suggestions, proposals, ideas, product improvements, future product ideas, or feedback to us (“Feedback”), you agree that we can use them without any restriction or compensation to you in any manner it deems appropriate. Any submission is at your own risk and that Hidrate has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Hidrate, or obtained from sources other than you. You represent and warrant that you have all rights necessary to submit the Feedback.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Hidrate and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Hidrate Service, you may receive notifications, text messages, alerts, or emails. You consent to the receipt of these communications. You can control receipt of non-service related communications from your Account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier. At any time, you may text STOP to cancel text messages or HELP for customer support information. We will not be liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service operator.
We Are Not Responsible For Third-Party Links On The Hidrate Service
The Hidrate Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Links & Ads”) that are not under Hidrate’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Links & Ads. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Links & Ads. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Third-Party Product and Services That You Link With Your Account
Changes To The Hidrate Service
Hidrate reserves the right modify, suspend or discontinue, temporarily or permanently, any feature or component of the Hidrate Service at any time without notice. You agree that neither Hidrate nor its affiliates, licensors and suppliers will be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Hidrate Service.
You hereby release and forever discharge Hidrate and its affiliates, officers, employees, agents, partners, suppliers and licensors (each, an “Hidrate Party”, and collectively, the “Hidrate Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Payments Made Through the Site
Hidrate’s fees are net of any applicable Sales Tax. If payments for the Devices are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Hidrate, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Hidrate for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Hidrate is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to Hidrate free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Hidrate will be your sole responsibility, and you will provide Hidrate with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Descriptions, images, references, features, content, specifications, prices, and availability of any Devices are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our Devices, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Devices on the Site at a particular time does not imply or warrant that these Devices will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Devices ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Device; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Device.
A Device is deemed irrevocably accepted upon your use of the Device.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you at the time the order is placed. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Product Warranties; Returns; Customer Service
Hidrate provides certain limited warranties to our Devices as set forth on our Warranty Page located at: www.hidratespark.com/pages/warranty, which is incorporated herein by reference. In the event the Devices do not conform to the limited warranties set forth therein, Hidrate will provide you the remedy set forth on the Warranty Page. Product returns are subject to our return policy as set forth on our Returns Page located at www.hidratespark.com/pages/return-policy, which is incorporated herein by reference. If you have any questions about a particular product, or you have questions about making a return, please contact us at email@example.com.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. You may terminate your Account at any time, for any reason, by following the instructions on the Service or uninstalling the App. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms without notice or liability to you. Upon any such termination, we may delete your User Content and other information related to your Account. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Upon any termination, discontinuation or cancellation of the Hidrate Service or your Account, the provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability..
THE SERVICE IS NOT INTENDED TO BE USED AS A MEDICAL DEVICE AND OUR PRODUCTS ARE NOT MEDICAL DEVICES. FURTHERMORE, THE SERVICE AND OUR PRODUCTS ARE NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND ARE NOT DESIGNED TO DETECT OR PREVENT CAUSES OF ANY MEDICAL CONDITION. THE SERVICE ARE INTENDED TO BE USED WITH OUR PRODUCTS TO HELP YOU MONITOR HYDRATION DATA AND ARE NOT A SUBSTITUTE FOR MEDICAL CARE OR ADULT SUPERVISION. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND OUR PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
HIDRATE DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
UNLESS EXPRESSLY AGREED TO BY HIDRATE ELSEWHERE IN WRITING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIDRATE SERVICE AND HIDRATE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, HYDRATION FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HIDRATE DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF SERVICE OR THAT ANY RESULTS WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY THAT THE HIDRATE SERVICE OR HIDRATE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE HIDRATE SERVICE OR ANY HIDRATE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY HIDRATE CONTENT OR THE HIDRATE SERVICE, YOU DO SO SOLELY AT YOUR OWN DISCRETION RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND HIDRATE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE. ONLY A MEDICAL PROFESSIONAL CAN ADVISE YOU OF YOUR PERSONAL HYDRATION NEEDS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HIDRATE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. HIDRATE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE HIDRATE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HIDRATE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
FROM TIME TO TIME, HIDRATE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HIDRATE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
HIDRATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE SERVICE) OR ANY THIRD-PARTY LINKS & ADS, AND HIDRATE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
Hidrate provides a limited warranty for our products which is available on the Site and included with each Device. HIDRATE MAY INCLUDE PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF OUR PRODUCTS. AS A CONDITION TO RECEIVING ACCESS TO AND USING THE SERVICE, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF OUR PRODUCTS AND ANY UPDATES THAT HIDREATE PROVIDES TO YOU THROUGH THE APP (OR THROUGH EMAIL IF YOU PROVIDE HIDRATE WITH YOUR EMAIL ADDRESS). IN ADDITION, YOU AGREE TO ONLY USE OUR PRODUCTS IN A MANNER THAT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
RECOMMENDED DAILY GOAL IS AN ESTIMATE FOR INFORMATIONAL PURPOSES ONLY.
The “Recommended Daily Goal ” component of the Service was developed by Hidrate using a variety of health care literature and institutional standards for hydration, along with input from healthcare professionals. You can choose to input personal parameters such as gender, height, age, weight, sex, and general activity level, which are used to provide a recommended daily hydration goal. In addition, we may use data imported from Third-Party Products and Services to provide the recommended daily goal. You agree that Hidrate is not responsible for any data imported from Third-Party Products and Services, including its accuracy.This goal is only an estimate based on the information you input and is for informational purposes only. If you chose to integrate location services, the temperature, humidity and elevation of your surrounds can alter this recommended daily goal. The general object is to consume water at a healthy pace throughout the day, rather than, consuming a large percentage of the daily recommended intake in a short period of time. The calculation does NOT account for all information, health conditions, or individual situations that may affect a person’s hydration needs. Also, health guidelines, including recommendations for hydration, may change from time to time, and this calculation may not be updated to incorporate those changes. Consuming too much or too little water (or other beverages/hydrating foods) can have serious health consequences. Accordingly, the suggestion generated by this application software is not a substitute for current professional medical advice, and use of this application software does not create any patient-health care provider relationship. You should consult with your professional healthcare provider before using this application software to make any decisions about your hydration. Hidrate makes no representations or warranties about the accuracy of the recommended hydration goal.
This Service allows you to manually set a goal your daily goal. The custom goal is determined entirely by you, so entering an appropriate number is your responsibility. Consuming too much or too little water (or other beverages/hydrating foods) can have serious health consequences. We do not review your input and take no responsibility for limiting your goals within an appropriate range.
Use of the Service does not create any patient-health care provider relationship. You should consult with your professional healthcare provider before using the Service to make any decisions about your hydration.
You agree to indemnify and hold the Hidrate Parties harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of or inability to use the Hidrate Service, (ii) User Content, (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms, (iv) your violation of applicable laws or regulations; or (v) your violation of any rights of another party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of the applicable Hidrate Party. Hidrate will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE HIDRATE PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HIDRATE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIDRATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HIDRATE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HIDRATE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO HIDRATE FOR USE OF THE HIDRATE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HIDRATE, AS APPLICABLE.
THE HIDRATE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE DEVICE DATA OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIDRATE AND YOU.
Procedure for Making Claims of Copyright Infringement
It is Hidrate’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Hidrate by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Hidrate’s Copyright Agent for notice of claims of copyright infringement is as follows: [Coleman Iverson, 701 Arapahoe Ave #209, Boulder Colorado 80302]
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract with Hidrate and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and any applicable supplemental terms or the use of the Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. This arbitration agreement applies to you and Hidrate, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized and unauthorized users or beneficiaries of the Service provided pursuant to these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Hidrate should be sent to firstname.lastname@example.org. After the Notice is received, you and Hidrate may attempt to resolve the claim or dispute informally. If you and Hidrate do not resolve the claim or dispute within thirty (30) calendar days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Hidrate made to you prior to the initiation of arbitration, Hidrate will pay you the greater of the award or $2,500. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or Hidrate pursue arbitration, the arbitration action must be initiated and demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Hidrate, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hidrate.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Hidrate in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HIDRATE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this arbitration agreement and these Terms shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this arbitration agreement or these Terms.
Survival of Agreement. This arbitration agreement will survive the termination of your relationship with Hidrate.
Small Claims Court. Notwithstanding the foregoing, either you or Hidrate may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek and obtain emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Boulder, Colorado for such purpose.
Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Limitations Period. YOU AND HIDRATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Hidrate and you regarding the Hidrate Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hidrate and you regarding the Hidrate Service and Hidrate Content. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Your relationship to Hidrate is that of an independent contractor, and neither party is an agent or partner of the other.
You may not assign or transfer these Terms, by operation of law or otherwise, without Hidrate’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Hidrate may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Hidrate under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Hidrate Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. The communications between you and Hidrate use electronic means, whether you use the Service or send us emails, or whether Hidrate posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Hidrate in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hidrate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Hidrate, or any products utilizing such data, in violation of the United States export laws or regulations.
Hidrate is located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Neither Hidrate nor its suppliers or licensors will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Hidrate’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hidrate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms.
701 Arapahoe Ave, #209
Boulder, Colorado 80302