Terms and Conditions
TRUE DRINKS, INC. Online Terms and Conditions
This Policy applies to residents of the United States.
You acknowledge and agree that:
a. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. True Drinks, Inc. reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. TRUE DRINKS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. TRUE DRINKS, INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL TRUE DRINKS, INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER TRUE DRINKS, INC. HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. TRUE DRINKS, INC. is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this website, TRUE DRINKS, INC. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its website. Such information should, therefore, be considered as suspect and is not endorsed by TRUE DRINKS, INC.
d. This website may contain forward-looking statements that reflect TRUE DRINK’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. TRUE DRINKS intends to update this site on a regular basis but assumes no obligation to update any of the content.
You understand, acknowledge, and agree to the following:
a. By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Except as expressly stated and agreed upon in advance by TRUE DRINKS, INC., no director, employee, agent, or representative of TRUE DRINKS, INC., its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this website.
The information, documents, and related graphics published in this Internet website (the “Information”) are the sole property of TRUE DRINKS, INC., except for information provided by third-party providers under contract to TRUE DRINKS, INC., its subsidiaries or affiliates. Permission to use the Information will not be granted unless written authorization is received by the company in writing. TRUE DRINKS, INC. is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Without written permission, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of TRUE DRINKS, INC.
No use of any TRUE DRINKS, INC. or AquaBall trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of TRUE DRINKS, INC.
PRIVACY AND SECURITY
TRUE DRINKS, INC. is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our website. Our use of personally identifiable information is governed by our TRUE DRINKS, INC. and by accessing and using our website, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to TRUE DRINKS, INC., while TRUE DRINKS, INC. has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, TRUE DRINKS, INC. SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF TRUE DRINKS, INC. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUE DRINKS, INC. DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
LIMITATION OF LIABILITY
TRUE DRINKS, INC. does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this website. Reliance on these materials, information and opinions is solely at your own risk. TRUE DRINKS, INC. disclaims any liability for injury or damages resulting from the use of this website, or the content contained thereon.
THIS TRUE DRINKS, INC. WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL TRUE DRINKS, INC., OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER ” TRUE DRINKS, INC. PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TRUE DRINKS, INC. AND WHETHER OR NOT TRUE DRINKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES OWNED OR OPERATED BY TRUE DRINKS, INC., ITS SUBSIDIARIES OR AFFILIATES.
You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. THEAQUABALL.com was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to THEAQUABALL.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.