Our Terms & Conditions
THESE TERMS AND CONDITIONS AND EACH RELATED POLICY CONSTITUTE A BINDING CONTRACT AND SHOULD BE READ CAREFULLY
Last modified: June 12, 2023
These Terms and Conditions (defined below) govern your use of our website (“Platform”), our various products and related services (collectively, “Services”) made available to you by Hydrate IV Bar Holdings, LLC and its subsidiaries and affiliates, including but not limited to Hydrate IV Bar Cherry Creek LLC, Hydrate Administrative Services LLC, Hydrate IV Bar Boulder LLC, Hydrate IV Bar, LLC, Hydrate IV Bar Highlands LLC, ®, KCA Holdings LLC, and any other entity we may form in the future to operate the brand Hydrate IV Bar (individually and collectively, “Hydrate IV,” “we,” “us,” or “our”).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional Hydrate IV policies, addendums, and agreements.
The Platform is designed to offer persons (“Users”) an option to purchase a variety of Services and assist Users in the submission of required forms, documents and information necessary for us to do business with you.
While access to certain portions of the Platform are free, we reserve the right to charge fees for any Services, features, or benefits provided through the Platform at any time. Your purchase of Services is subject to any return policies or policies related specifically to the Services you wish to purchase, and such policies are incorporated herein by reference.
We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform or Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform or Services.
The Platform is intended for Users that are at least 18 years old. If you are between 13 and 18 (“Minor”), you may use the Platform only with the supervision and consent of a parent or guardian. No individual under these age limits may provide any Personal Data to us or otherwise through the Platform.
- USER ACCOUNTS
In order to access certain Services, you may be required to create an account with us or our third-party partners, such as MindBody or MyTime (“User Account”).
By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, payment method, and password. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform or Services (or any portion thereof).
You are solely responsible for activities that occur under or through your User Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.
YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.
- PAYMENT METHOD
All Fees will be billed to the credit card, or other payment method, with which you provide us (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred by you, including any fees incurred through your User Account.
You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your User Account current and accurate. If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by provided another Payment Method. You agree to pay all costs of collection efforts, including attorney fees and costs. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method.
Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Hydrate IV may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up your account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that you have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.
You understand and agree that any deposit payment you make towards our Services is non-refundable, and by so doing you are agreeing to the final and full purchase of such Services. You agree that the Payment Method provided will be authorized for the remaining balance of the Services purchased and will be automatically charged upon in-store or fulfillment. You agree that if your final purchase is more or less than your original reservation or purchased Services value, your Payment Method will be automatically charged the total price of the transaction less any deposit on file. This includes without limitation any membership fees charged.
- INTELLECTUAL PROPERTY AND CONTENT YOU PROVIDE
All intellectual property rights in the Platform or Services shall be owned or licensed by Hydrate IV absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (“Protected IP”). All other trademarks, logos, service marks, company or product names set forth in the Platform and on our Services are the property of their respective owners.
We welcome your comments and feedback regarding the Platform and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Hydrate IV (collectively, “Comments”) are not confidential and will become and remain Hydrate IV property. The disclosure, submission or offer of any Comments will constitute an assignment to Hydrate IV of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.
SIMILARLY, AND FOR THE AVOIDANCE OF ANY DOUBT, HYDRATE IV WILL TREAT ANY MESSAGE BOARD OR OTHER POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME IN YOUR POSTINGS AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Platform. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.
“Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post. With your consent we would like to promote and share Your Content through our Platform, email, social medial, and any other digital channel in conjunction with the promotion and marketing of our Services.
When you agree to let us share Your Content, you irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any Personal Data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including Minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Hydrate IV relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
- RESTRICTED ACTIVITY
With respect to your use of the Platform or Services, you agree that you will not:
- unlawfully impersonate any person or entity;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Platform or Services, or the servers or networks connected thereto;
- use the Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
- use the Platform or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform or Services;
- “frame” or “mirror” any part of the Platform or Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform or Services;
- rent, lease, lend, sell, redistribute, license or sublicense the Platform or Services or access to any portion of the Platform or Services, unless otherwise agreed to in writing by us;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
- cause any third party to engage in the restricted activities above; or
- otherwise take any action that in the sole judgment of us creates an undue risk or harm.
- THIRD PARTY WEBSITES AND LINKS
The Platform may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Platform.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Platform.
Additionally, information collected from our third-party partner dubsado.com or QuickerNotes is used and processed by dubsado.com or QuickerNotes (as applicable) without our involvement. Therefore, you may be required to register with a third-party application processor (“Application Processor”). Hydrate IV may replace its Application Processor without notice to you. Additionally, you may be required to agree to terms of service of the Application Processor, and go through a vetting process at the request of the Application Processor to set up their account with the Application Processor (“Application Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Application Processor Services Agreement. Please note that we are not a party to the Application Processor Services Agreement and that you, the Application Processor and any other parties listed in the Application Processor Services Agreement are the parties to the Application Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Application Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Application Processor may validate an account before activation. Hydrate IV shall have no liability for actions or inactions of the Application Processor, and all issues with the Application Processor must be taken up directly with Application Processor and without Hydrate IV’s responsibility for the same.
The disclaimers in this Section are made on behalf of Hydrate IV, our affiliates, subsidiaries, franchisees, parents, successors and assigns, and each of our respective officers, shareholders, directors, partners, employees, independent contracts, agents, licensors, vendors, content providers, distributors, representatives, service providers and consultants, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees (together with Hydrate IV, the “Hydrate Parties”).
PRICING, PROMOTIONS AND AVAILABILITY MAY VARY BY LOCATION AND WEBSITE. DESCRIPTIONS, TYPOGRAPHIC, AND/OR PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION AND HYDRATE IV SHALL NOT BE BOUND BY OR RESPONSIBLE FOR SUCH ERRORS. DISCOUNTS, COUPONS, OFFERS, VALID DATES, PARTICIPATING LOCATIONS, EXCLUSIONS AND/OR PRICING ARE SUBJECT TO CHANGE, ALTERATION OR TERMINATION BY HYDRATE IV AT ITS SOLE DISCRETION AT ANY TIME.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES, SITE CONTENT, PLATFORM, ALL CONTENTS, PRODUCTS AND SERVICES ARE PROVIDED ON, OR IN CONNECTION WITH SAME (“OFFERINGS”), ARE PROVIDED ON AN ‘AS IS’ AND ‘WITH ALL FAULTS’ BASIS. HYDRATE IV DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND/OR CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE HYDRATE PARTIES DO NOT WARRANT THAT YOUR USE OF THE OFFERINGS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HYDRATE IV ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ERRORS, OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE OFFERINGS, PLATFORM, PRODUCTS, AND SERVICES IS AT YOUR OWN RISK.
THE SITES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO, THE HYDRATE PARTIES’ AND THIRD-PARTY PHOTOS, VIDEOS, ARTICLES, INFORMATION, DESCRIPTIONS, REPRESENTATIONS AND OTHER CONTENT IS GENERAL IN NATURE AND MUST BE VIEWED WITH AN APPRECIATION FOR THE DIFFERING CAPABILITIES AMONG INDIVIDUAL USERS, HEALTH CONDITIONS, AND OTHER VARYING CONDITIONS. THE INFORMATION IS NOT A SUBSTITUTE FOR IN-PERSON GUIDANCE BY A QUALIFIED MEDICAL PROFESSIONALS, DETERMINATIONS ON THE SAFETY OR FITNESS OF SERVICES AND PRODUCTS, OR FOR PERSONAL EXPERIENCE GAINED IN THE COMPANY OF KNOWLEDGEABLE AND EXPERIENCED HEALTHCARE PROVIDERS. YOU ACKNOWLEDGE THAT YOU COULD BE SERIOUSLY INJURED OR DIE WHEN ENGAGING IN ACTIVITIES PRESENTED ON THE SITES AND THAT YOU SHOULD RECEIVE PROFESSIONAL INSTRUCTION AND/OR INSPECTION OF PRODUCTS BEFORE USE WHEN APPROPRIATE. YOU ASSUME ALL RISKS ASSOCIATED WITH ENGAGING IN ANY ACTIVITIES OR USING ANY SERVICES OR OFFERINGS PRESENTED ON THE SITES.
TO MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE HYDRATE PARTIES HARMLESS FROM ANY LOSS, LIABILITY, EXPENSES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, WHETHER FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR OTHERWISE (COLLECTIVELY, “CLAIMS”) DUE TO OR ARISING OUT OF (A) ANY INFORMATION SUBMITTED BY YOU OR THROUGH YOUR USER ACCOUNT, COMMENTS, OR YOUR CONTENT, (B) YOUR PARTICIPATION IN THE PLATFORM, OUR PRODUCTS, OR SERVICES; (C) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR THIRD PARTY USING YOUR USER ACCOUNT, (D) THE VIOLATION, INFRINGEMENT OR MISAPPROPRIATION BY YOU, OR THIRD PARTY USING YOUR USER ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, TRADEMARK, COPYRIGHT, RIGHT OF PUBLICITY AND RIGHT OF PRIVACY, (E) ANY PORNOGRAPHIC, HATE-RELATED, THREATENING, LIBELOUS, OBSCENE, HARASSING OR OTHERWISE OBJECTIONABLE OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR POSTINGS OR OTHER COMMUNICATIONS, (F) INJURY, DEATH, OR BODILY HARM FROM OFFERINGS OR PRODUCTS PURCHASED OR FACILITATED BY THE SITES, or (G) OTHERWISE RELATED TO ANY PRODUCTS OR SERVICES SOLD OR PURCHASED THROUGH THE SERVICES AND/OR OFFERINGS.
- LIMITATION OF LIABILITY
NEITHER THE HYDRATE PARTIES NOR THEIR AFFILIATED OR RELATED ENTITIES OR THEIR VENDORS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, OR FOR DAMAGES INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE OFFERINGS, PLATFORM, PRODUCTS, OR SERVICES, OR ANY CONTENT OFFERINGS AVAILABLE TO YOU OR PURCHASED THEREFORM, INCLUDING SERVICES OR MATERIALS PROVIDED ON OR FACILITATED BY THE OFFERINGS, PLATFORM OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HYDRATE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES, EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE; PROVIDED, HOWEVER, THAT DEPENDING ON APPLICABLE LAW, THE FOREGOING LIMITATIONS MAY NOT LIMIT OR EXCLUDE THE HYDRATE PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED, OR FOR THE HYDRATE PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE HYDRATE PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE PLATFORM, PRODUCTS, OR SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT HYDRATE PARTIES’ IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS THE HYDRATE PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.
- GENERAL PROVISIONS
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hydrate Parties to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.
These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform or Services. If you have any questions regarding these Terms and Conditions, the Platform or Services, please contact email@example.com.
- Purchases and Orders Placed Via the Platforms
- General Terms
Pricing and Availability.
All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Prices displayed on the Sites may vary from those in the store or from store-advertised prices.
We attempt to be as accurate as possible and to eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Electronic Transactions; Records; Copies.
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
The Protected IP, Hydrate IV name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Hydrate IV in the U.S. and/or other countries. You shall not use or alter any text, logos, Protected IP, Hydrate IV Bar’s signature brand colors or create confusingly similar materials in such a way which may suggest endorsement or affiliation by Hydrate IV. You shall not use a mark which is confusingly similar to the Protected IP.
Use of Services.
As detailed above, your use of the Exchange is subject to the entirety of the Terms and Conditions, INCLUDING BUT NOT LIMITED TO SECTION 9 – INDEMNITY, 10 – LIMITATION OF LIABILITY, AND 11 – GENERAL PROVISIONS, which apply. Additionally, you expressly agree that the Hydrate Parties have no responsibility or control over the content that you upload, post or otherwise transmit. You acknowledge that we may or may not (as determined in our sole discretion, and without an obligation to do so) review your content before you upload, modify, post or otherwise transmit it. You agree that you must evaluate and accept all risks associated with the use of any Platforms.
Termination of Access.
We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Platforms. Termination of a license to use the Platforms does not constitute termination of these Terms.
Equitable Relief. You agree that any breach of the terms will result in irreparable harm to the Hydrate Parties for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Hydrate Parties will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened.
No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between you and Hydrate IV.
Waiver. Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the terms, there shall be no third party beneficiaries to this agreement or as a result of your use of the Exchange.