Terms & Conditions
These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to Perfect Hydration, LLC’s (“Perfect Hydration,” “we,” “our,” or “us”) website (including www.perfect-hydration.com). These rules are designed to protect you, us, and other users of our website (our “Services”). By accessing, downloading, using or browsing our Services, you acknowledge and agree to be bound by the version of these Terms in place at the time you use our Services. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our Services. Any use of our Services that is inconsistent with these Terms is deemed unauthorized access.
Modification of these Terms of Use
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.
Limited Right to Use
In exchange for your agreement to these Terms, Perfect Hydration grants you a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our Services. The rights to download and use the Services are licensed to you and are not being sold to you. You have no rights in the Services other than to use them in accordance with these Terms. We reserve the right to terminate your access to our Services at any time and for any or no reason. You may not remove or alter any notices found on our Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Services. You may not access the Services for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Services.
You may display and download a single copy of our Services onto a single device. You may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Services, or any content, products or services obtained through them.
Eligibility to Use Our Services
You must be 18 years of age to access or use our Services. You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U.S. Government, (2) you will not access or use our Services from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.
Using Our Services
You may not use the Services in any manner that could disable, overburden, or impair any Perfect Hydration server, or interfere with any other person's use and enjoyment of the Services, other computer systems or networks connected to any Perfect Hydration server or to the Services, through hacking or any other means. You agree that you will not use the Services to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You may use our Services only as permitted by law, including local, state, federal or international laws or regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the Services may be denied or limited by Perfect Hydration, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at Perfect Hydration’s discretion, and Perfect Hydration shall have no liability for such occurrences.
Purchases
You agree that any order to purchase products and/or services from Perfect Hydration placed using the Services constitutes a binding offer to purchase which Perfect Hydration may accept or reject. Perfect Hydration reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
Ownership, Trademark, and Copyright
You agree and acknowledge that Perfect Hydration owns all rights, title and interest in the Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Services, and the compilation of the content, code, data and materials on the Services, including all intellectual property and proprietary rights. The Services are protected by copyright, trademark and other laws of the United States. Any unauthorized use of material on the Services may violate such laws. No links may be established to any part of the Services and no information on the Services may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on the Services (collectively, the "Marks") are registered and unregistered trademarks of, and owned by, Perfect Hydration or other owners that have granted Perfect Hydration the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the Marks or any of the content of our Services, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of the Marks or other material without the express permission of US Foods or the copyright owner is permitted.
Content You Submit
You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, modify, publicly perform, transmit, publish, broadcast, translate, make derivative works of, import and export, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Services, or by means other than the Services, including without limitation via our social media pages and accounts such as Facebook, Twitter, and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you.
You agree to allow us to use your Submissions without any reference or attribution to you. You also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivative works thereof, at our sole discretion. Except where specifically prohibited by applicable law, you hereby waive any moral rights (including attribution and integrity) that you may have in any Submissions, even if a Submission is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.
You represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any Submission you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the Submission described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the Submission, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by us, and (vi) your Submission, and our use of that Submission as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
Service and Content Use Restrictions
You agree that you will not: (i) use the Services for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Perfect Hydration’s intellectual property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Perfect Hydration; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Perfect Hydration, or other users of the Service; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (vii) harvest or otherwise collect or store any information about other users of the Services without the express consent of such users; (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services; or (ix) otherwise violate these Terms.
Content Use Restrictions. You also agree that, in using the Services, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Perfect Hydration or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Services.
Privacy
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.
Availability of the Services
While we use commercially reasonable efforts to keep our Services accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Additionally, some features of the Services require a cellular data connection or internet connection. Perfect Hydration is not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
Accuracy of Information
Although we strive for accuracy in all elements of our Services, there may be errors, inaccuracies or omissions. Please use your best judgment when using our Services. Perfect Hydration is not responsible for your interpretation or reliance on any information or content found on the Services, and makes no representations about the accuracy, reliability, completeness, or timeliness of the Services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our Services at any time without prior notice.
Sweepstakes, Contests, Promotions, and Surveys
From time to time, Perfect Hydration may conduct contests, sweepstakes, raffles, surveys, games or other similar promotions. Each contest or promotion may have additional terms and/or rules that will apply in addition to these Terms. Please review the applicable rules as well as our Privacy Policy prior to participating. If the promotion rules conflict with these Terms, the promotion rules will govern.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. PERFECT HYDRATION AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “PERFECT HYDRATION PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICES OR US FOODS’ PRODUCTS OR SERVICES, EXCEPT AS SET FORTH BELOW.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE PERFECT HYDRATION PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE PERFECT HYDRATION PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY PERFECT HYDRATION PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) PERFECT HYDRATION PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY PERFECT HYDRATION PARTIES TO THE EXTENT NOT WAIVABLE OR WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST PERFECT HYDRATION PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Limitation of Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PERFECT HYDRATION PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, OR ANY CONTENT OBTAINED FROM THE SERVICES, EVEN IF THE PERFECT HYDRATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE PERFECT HYDRATION PARTIES’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE LESSER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00).
YOU ACKNOWLEDGE THAT US FOODS WOULD NOT PROVIDE ACCESS TO ITS SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE PERFECT HYDRATION PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Except where specifically prohibited by applicable law, you agree to defend (if requested by Perfect Hydration), indemnify, and hold Perfect Hydration Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Perfect Hydration Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the Services and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Service; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (vi) any misrepresentation made by you. You will cooperate as fully as required by the Perfect Hydration Parties in the defense of any claim and losses. Notwithstanding the foregoing, the Perfect Hydration Parties retain the exclusive right to settle, compromise, and pay any and all claims and losses, and you agree not to settle any Claims or Losses without the prior written consent of an officer of the impacted Perfect Hydration Party.
Dispute Resolution Terms
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Mediation. Any and all disputes, claims, and causes of action you may have against Perfect Hydration, including those arising out of or connected with our Services, any benefits associated with the Services, these Terms and Conditions, or our Privacy Policy shall be submitted to mediation as a condition precedent prior to filing any such dispute, claim, or cause of action in court.
Choice of Law and Venue. Any and all disputes, claims, and causes of action between you and Perfect Hydration, including those arising out of or connected with our Services, any benefits associated with the Services, these Terms and Conditions, or our Privacy Policy, and whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the State of California including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. Any such dispute shall be filed in the state or federal courts located inLos Angeles, California, and you consent and agree to the personal jurisdiction and venue of these courts.
Class Action Waiver. You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with our Services, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action.
Time Limitation. You agree to bring any and all claims against Perfect Hydration within one (1) year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
Prior Agreements. The foregoing dispute resolution provisions shall supersede any inconsistent provisions of any prior agreement between the parties relating to the Services, and shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
General Provisions
Services Not Intended for International Use. Perfect Hydration controls and operates the Services from the United States of America, and makes no representation that the Services is appropriate or available for use beyond the United States of America. If you use the Services from other locations, you are doing so on your own initiative, at your own risk, and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.
No Waiver. No delay or failure by Perfect Hydration to enforce any provision in these Terms of Use shall constitute a waiver of any of Perfect Hydration rights. Neither the receipt of any funds by Perfect Hydration nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Perfect Hydration shall have any legal effect.
Severability. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Except where specifically prohibited by applicable law, Perfect Hydration reserves the right, without limitation, to: (i) investigate any suspected breaches of the security of its Services and information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (iv) pursue legal claims against violators of these Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to the Services, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Perfect Hydration under these Terms. Upon suspension or termination of your access to the Services, or upon notice from Perfect Hydration, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Perfect Hydration, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding dispute resolution.
Assignment. Perfect Hydration may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Perfect Hydration.
How to Contact Us
If you have any comments or questions about these Terms of Use, communications can be submitted via email to info@perfect-hydration.com or to our postal address:
Perfect Hydration, LLC
4401 S. Downey Road
Vernon, CA 90058
All information contained on this site is subject to change at any time without notice.
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