Terms and Conditions

THESE TERMS OF USE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND LIQUID I.V. (“WE”, “LIQUID I.V.”, OR THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.LIQUID-IV.COM WEBSITE (THE “SITE”) AND ITS RELATED SERVICES AND APPLICATIONS (COLLECTIVELY, THIS “SERVICE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AS WELL AS ANY MEMBERSHIPS THROUGH IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.

Liquid I.V. may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

Agreement to be Bound; Termination

Your access to and use of this Service constitutes your agreement with Liquid I.V. to be bound by, and to act in accordance with, these Terms of Use. From time to time, Liquid I.V. may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

You may terminate your use of this Service at any time. Liquid I.V. may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Liquid I.V. in its sole discretion, or (ii) for any other reason in Liquid I.V.'s sole discretion. Liquid I.V. may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Liquid I.V. upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Liquid I.V. shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

If you do not agree to be bound by ALL of these Terms of Use, or if these Terms of Use are not enforceable where you are located, you may not use the Service. We would not provide the Service without the conditions herein. If you later seek to repudiate these Terms of Use or any aspect thereof, you agree that such action would constitute a breach of these Terms of Use, prohibiting you from enforcing any aspect of the Terms of Use and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE OR THE SERVICE.

If you are an individual using the Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms of Use on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms of Use. In that case, references to “you” and “your” in these Terms of Use will refer to both the individual using the Service and to any such Organization.

Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

Age Requirement

By purchasing Liquid I.V., you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is purchasing for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Liquid I.V. if your child breaches or disaffirms any term or condition of this Agreement.

1 – PERSONAL INFORMATION; PRIVACY; COMMUNICATIONS

1.1 – Personal/Account Information and Privacy

When you set up an account with Liquid I.V. (your “Account”), you are required to provide certain information, including your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses the Service using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Service. We have no obligation to investigate the authorization or source of any such access or use of the Service.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACCESS AND USE OF YOUR ACCOUNT INFORMATION AND ALL PURCHASES AND ACTIVITIES THAT OCCUR UNDER OR IN CONNECTION WITH THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS), WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU.

Please notify us immediately if you become aware that your Account Information is being used without authorization, or any other breach or threatened breach of the Service’s security.

Customers agree to provide accurate, current, and complete information as required for setting up an Account, making the purchase of the Products and participating in membership offerings. Liquid I.V. reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Liquid I.V. uses a third party payment processing service to processing orders and bill fees to your credit card. Liquid I.V.’s Privacy Policy, located at the URL: www.liquid-iv.com (the “Privacy Policy”), explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.

1.2 – Company Communications

By entering into this Agreement or using the Service, you agree to receive communications from the Company and our affiliates and representatives, which may include, without limitation, emails, push notifications, and SMS, MMS and other text messages (“Communications”). Text messages and emails may be directed to any telephone number and email address that you supply to us in connection with your creation of an Account or use of the Service or that you otherwise agree we may use to communicate with you. Communications may include but are not limited to: informational, transactional, operational and customer service communications concerning your Account, product orders, payments, appointments or use of the Service. If you provide us with your email address, you agree we may use it to send you offers, promotions and news about our company, products and Service. IF YOU OPT-IN TO RECEIVE PROMOTIONAL TEXT MESSAGE COMMUNICATIONS, YOU MAY ALSO RECEIVE OFFERS, PROMOTIONS AND OTHER MARKETING-RELATED COMMUNICATIONS VIA TEXT MESSAGE. YOU AGREE THAT TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY. Message frequency will vary. You also agree that carrier Message and Data Rates may apply to any text messages you receive in accordance with your carrier rate plan. YOUR CONSENT TO RECEIVE AUTODIALED PROMOTIONAL TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF ANY PURCHASE. To opt out of promotional emails, follow the unsubscribe options in the promotional email itself. To opt out of text messages, you can reply with the word “STOP” to any text message you receive from us. However, you acknowledge that opting out of receiving text messages may impact your use of the Service.

2 – PASSWORDS; USE OF SITE

2.1 – Passwords

You may utilize the functionality on the Site that allows you to log in to this Site by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Log-in Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy) www.liquid-iv.com. Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Liquid I.V. if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

2.2 – Use of Site; Prohibitions

Subject to your compliance with this Agreement, Liquid I.V. hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Liquid I.V. or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

2.3 – Downloaded Software

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Liquid I.V. and its licensors. Liquid I.V. also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Liquid I.V. grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Liquid I.V. may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Liquid I.V. in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Liquid I.V.'s or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Liquid I.V.'s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Liquid I.V., is strictly prohibited. All rights not expressly granted to you are reserved by Liquid I.V. or its licensors.

2.4 – Mobile Devices

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Liquid I.V. makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Liquid I.V. will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

2.5 – User Code of Conduct

In using or accessing this Service, you agree, without limitation:

• not to use this Service in breach of these Terms of Use;

• not to use this Service for commercial purposes;

• not to "spam" others or "phish" for others' personal information;

• not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;

• not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;

• not to use, frame or utilize framing techniques to enclose any part of this Service without Liquid I.V.'s express prior written consent;

• not to use meta tags or any other "hidden text" utilizing any Trademark without Liquid I.V.'s express prior written consent;

• not to "deeplink" to this Service without Liquid I.V.'s express prior written consent;

• not to create or use a false identity on this Service;

• not to collect or store personal data about others;

• not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;

• not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;

• not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;

• not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications;

• not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions; and

• not to use the Service for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Service in order to trigger or induce an alleged violation of any law.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Liquid I.V..

You agree to immediately notify Liquid I.V. if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Liquid I.V., or we otherwise suspect such activity, you agree to cooperate with Liquid I.V. in any investigation and to use any prevention measures we prescribe.

2.6 – User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

• include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;

• include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;

• are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

• contain advertisements or solicitations of any funds, goods or services;

• is a communication by a user impersonating another user;

• contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or

• could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Liquid I.V. through this Service, whether solicited or unsolicited, you agree that you are granting Liquid I.V., its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Liquid I.V. also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Liquid I.V. does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by calling 1-888-454-3320, or writing to us at 111 River Street, Hoboken, NJ 07030. Please provide as much detail as possible, including a copy of the underlying material, the location where Liquid I.V. may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Liquid I.V. will only remove User Submissions if Liquid I.V. believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Liquid I.V. assume any liability for failing to either monitor or remove specific User Submissions.

Liquid I.V. will fully cooperate with any law enforcement authorities or court order requesting or directing Liquid I.V. to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Liquid I.V. may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Liquid I.V., its customers or the public.

2.7 – Voting/Rate Features

For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Liquid I.V. assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Liquid I.V. may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Liquid I.V. reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Liquid I.V.'s decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or X), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

2.8 - Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and X), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

3 – TERMS OF SALE

3.1 – Sales of Products and Memberships to End Users Only

Liquid I.V. sells electrolyte hydration powder (the “Product(s)”) from the Site to end-user customers who signed up for memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or enter into Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

The availability of our Products and services described herein may vary based on location and timing.

3.2 – Pricing

Pricing for Products and engagement in Memberships (including any applicable shipping and handling fees) can be found on Liquid I.V.’s then-current pricing page located on the Site at: www.liquid-iv.com The price that we will charge you for the Products will be the price as posted on the Site. Liquid I.V. reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

If auto-replenishment is selected during a promotion or with a promo code, no discount will be applied to future auto-replenishment orders.

You may be charged tax, if applicable. You agree to pay all applicable taxes.

3.3 – Refund/Cancellation Policy

We stand fully behind our products. If you are not 100% satisfied, contact info@liquid-iv.com

to initiate the refund process. We only ask that you share your valuable input, as to why you are requesting a refund, so that we may strive to make your customer experience better in the future.

Liquid I.V. may reject returns if there is prior abuse or failure to return product or any behavior Liquid I.V. determines is suspicious or violates stores policies.

Subscriptions
When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select for each item. Your payment details will be stored securely and you'll be charged for each of these deliveries until you cancel your subscription. Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it inside the Ordergroove dashboard. If you want to cancel or change your subscription, you can do it at any time. Your Ordergroove subscription activation email will provide you with a link to your dashboard. You can manage your subscription from there. See our returns policy for more details on returns and refunds.

Pre-orders
When you purchase a pre-order, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. Payment will be processed for items that are both in-stock and on pre-order, including those currently out of stock. You can cancel a partially paid pre-order order that has not yet been fulfilled. If the order has been fulfilled, then you can't cancel the order, but you can request a full or partial refund. See our returns policy for more details on returns and refunds.

3.4 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy

Liquid I.V. accepts credit card payments only. You agree to pay all fees charged to your account based on Liquid I.V.’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address that you provide, and you authorize Liquid I.V. or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Liquid I.V. reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Use. All sales and payments will be in US Dollars.

Liquid I.V. and Liquid I.V.’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Liquid I.V. and Liquid I.V.’s third party payment service provider at the election of your credit card issuer. Neither Liquid I.V. nor Liquid I.V.’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.

IMPORTANT NOTICE TO CONSUMER: Liquid I.V. will automatically renew your Membership on a monthly basis. Each Membership renewal period is for one month. You may cancel your Membership at any time by logging on to your account within www.liquid-iv.com. To cancel a membership, please login to your account on the Site and select the “membership options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, please email info@liquid-iv.com. Liquid I.V. requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid.

By subscribing, you authorize us to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Liquid I.V. may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

3.5 – Shipping and Product Acceptance

The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

4 – Gift Cards

These Liquid I.V. Gift Card Terms and Conditions (“Terms and Conditions”) are applicable in addition to the Terms of Use and Privacy Policy applicable to the www.liquid-iv.com website. These Terms and Conditions form a binding agreement between Liquid I.V., Inc. (“LIQUID I.V.”) and you (“You” or “Your”) as the purchaser or user of gift cards (“Gift Cards”) from LIQUID I.V. website at www.liquid-iv.com (the “Website”). If you do not agree to these Terms and Conditions, you should not purchase Gift Cards through the Website.

4.1 – Purchasing and Redemption:

By purchasing Gift Cards on the Website, you agree to these Terms and Conditions as well as the Terms of Use and Privacy Policy on the Website.

You further certify and represent to LIQUID I.V. that the activities in connection with which the Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or LIQUID I.V., including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other LIQUID I.V.-related entity.

A Website account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Website account at the time of receiving the email, they will be prompted to create a Website account in order to redeem the Gift Card. A Website account is required in order to redeem a Gift Card.

You may purchase Gift Cards for any value between $10 and $250 US dollars. The amount of the Gift Card you purchase shall be charged to your payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional Website credits (“LIQUID I.V. Credits”), these LIQUID I.V. Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances LIQUID I.V. Credits shall be used after the exhaustion of Gift Cards.

Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the LIQUID I.V. Privacy Policy.

Gift Cards may only be redeemed toward the purchase of eligible products on the Website. Redemption of Gift Cards on the Website is subject to change in LIQUID I.V.’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s Liquid I.V. account (“LIQUID I.V. Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by LIQUID I.V..

You may be able to obtain your gift card balance by contacting LIQUID I.V. customer service at info@liquid-iv.com. The Gift Card balance relayed to you by a LIQUID I.V. customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.

Gift Cards never expire.

4.2 – Use and Limitations:

Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia. Gift cards may only be used on www.liquid-iv.com. Gift Cards cannot be used to purchase other gift cards.

Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in a Website account may not be transferred.

Gift Cards are not returnable or refundable for cash except in states where required by law.

Gift Cards may not be sold or bartered to third parties.

Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain LIQUID I.V.’s prior written approval.

Use of LIQUID I.V.’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of LIQUID I.V. Gift Cards is strictly prohibited. Furthermore, the use of LIQUID I.V. Gift Cards in any manner that states or implies that any person, website, business, product ,or service is endorsed or sponsored by, or otherwise affiliated with, LIQUID I.V. or any of its subsidiaries or affiliates is prohibited.

4.3 – Risk of Loss:

If your Gift Card is lost or stolen, immediately contact customer service at info@liquid-iv.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to LIQUID I.V.. LIQUID I.V. and its affiliates shall have no liability to you for:

lost or stolen Gift Cards; or

use of any Gift Cards by third parties through your Website account. You are solely responsible for keeping the username and password for your Website account safe and for any activity conducted under your account.

Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

4.4 – Fraud:

LIQUID I.V. shall have the right to close member accounts or any related account(s) if LIQUID I.V. suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above LIQUID I.V. shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. LIQUID I.V. may also cancel or remove any and all LIQUID I.V. Credits on the member accounts and/or any related account(s). LIQUID I.V. has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.

4.5 – Limitation of Liability:

LIQUID I.V. AND THEIR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

4.6 – Indemnification:

You agree to defend and indemnify LIQUID I.V. and its subsidiaries, affiliates, its investors, officers, employees, agents, servants, assignees, and/or any other LIQUID I.V.-related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or your violation of any of these Terms and Conditions.

4.7 – Governing Law:

When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of New York shall govern these Terms and Conditions, without regard to principles of conflict of laws.

4.8 – Disputes:

Any dispute relating in any way to Gift Cards shall be subject to the Dispute Resolution terms set forth in Section 10 herein.

4.9 – Issuer:

Gift Cards are issued by Liquid I.V., a Nevada corporation.

4.10 – Amendments:

LIQUID I.V. reserves the right to change or modify these Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these Terms and Conditions are applicable to the extent permitted by law.

5 – Referrals

These are the Terms and Conditions applicable to the Liquid I.V. Referral Program (the “Program”). Under the Program, Liquid I.V. (“we”, “LIQUID I.V.” or “Company”) offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Member”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for Liquid I.V. services (“Membership”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a Liquid I.V. credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.

Members and Prospective Members that wish to take part in the Program are bound by these Terms and Conditions. If you do not agree and abide by these Terms and Conditions in their entirety you are not authorized to partake in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which any Credits are earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.

Children: No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

5.1 – Privacy

Prospective Members that wish to use a Member’s Personal Link must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Member’s Personal Link to their account and prescribe them the Credit. The personal information will be collected, processed and used in accordance with the Company’s Privacy Policy, which can be found at www.liquid-iv.com. In addition, personal information provided by the Prospective Member may be used by the Company or its service provider, on Company’s behalf, to contact Members and/or Prospective Members with regards to their participation in the Program and to receive e-mail communications from Company about its products and services. The Company may send out additional follow-up communications to either the Member or Prospective Member to encourage or remind them to refer more Prospective Members or to complete the registration process. By participating in the Program, Members consent to receiving such communications by email.

5.2 – How the Program Works:

a. Program Participation

Generally: To participate, a Member shall provide to the Prospective Member their Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective Member subsequently signs up for a Membership. For purposes of clarification completion of sign-up in the same session means clicking the Member Personal Link provided by Member and completing LIQUID I.V. service sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.

b. Eligible Member: To be eligible for Program and to receive Credits, a Member must:

Be a legal resident of the United States; Be at least 18 years old; Have provided the Prospective Customer with their correct unique Personal Link; and Have a Membership account in good standing with LIQUID I.V.. Employees of the Company, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

c. Making a Referral

Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully the Prospective Member signs up for the LIQUID I.V. services, the Member may receive a communication from the Company confirming that the Prospective Member has signed up. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. If Member does not receive such a confirmation communication, then the Prospective Member did not sign up properly and no Credit will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in relation to the failed referral, but it is at the sole discretion of the Company to award Member the Credit. Members must only refer Prospective Members who meet the requirements of these Terms and Conditions and who have consented to receiving communications from LIQUID I.V.. Members cannot refer themselves.

For purposes of emphasis and clarification, by using a Personal Link, Prospective Members understand that some of their personal information, including but not limited to their name and email address, may be sent to the Member that provided their Personal Link to the Prospective Member for confirmation of sign up. As such LIQUID I.V. strongly advises that if the Prospective Member receives a Personal Link from an unknown, untrusted, or public source, such as an Internet forum, the Prospective Member should not use the Personal Link for their own security purposes.

d. Qualified Referrals:

A Qualified Referral means that all the following conditions are met:

The Prospective Member completed the registration process for a Membership using the Member’s Personal Link. If a Prospective Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Credit;

The Prospective Member was not previously registered with the Service under any other email address or alias; and

The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of LIQUID I.V.’s services; and c) has consented to receiving communications from LIQUID I.V..

e. Earning Credits:

Member shall receive five (5) Credits for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by LIQUID I.V. is its discretion as specified on its Credits Page. If the Credit consists of credit such credit may only be applied in the amount specified by LIQUID I.V. towards the Member’s purchase of future services from LIQUID I.V.. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by LIQUID I.V. and it is in the sole discretion of LIQUID I.V. as to the legitimacy and validity of such Qualified Referral.

f. Verified Qualified Referrals:

All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Company believes will impose potential liability on Company beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Company’s control. Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.

g. Value of Credit:

Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Company may cancel, amend or revoke the Credit at any time for any reason.

h. Transfer of Credits:

Credits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.

5.3 – Liability:

By participating in the Program, both Members and Prospective Members agree to:

a. be bound by these Terms and Conditions

the decisions of the Company and their designees (including the any possible service providers), and the Privacy Policy of the Company;

b. defend, indemnify, release and hold harmless the Company

Defend, indemnify, release and hold harmless the Company, its service providers and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and

c. be contacted by the Company via e-mail.

d. Company shall not be liable for:

Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;

data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;

any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;

orclaims, demands, and damages in disputes among users of the Program.

5.4 – Disclaimers:

a. The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.

b. The Company shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

c. The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

d. Disclaimer of Warranties:

i. MEMBERS AND PROSPECTIVE MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

5.5 – Limitation of Liability and Indemnification:

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

b. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 (ONE HUNDRED DOLLARS).

c. IN NO EVENT DOES THE COMPANY EXCLUDE OR LIMIT ITS LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS NOT PERMITTED BY LAW.

5.6 – Conduct:

a. Prohibited Conduct, Generally: Members agree not to use the Program to:

Violate applicable law;

Stalk, harass, or harm another individual;

Collect or store personal data about other Members;

Impersonate any person or otherwise misrepresent Member’s identity;

Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

Interfere with another Member’s use of the Program;

Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;

Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;

Submit personal information relating to third parties to the Program without the consent of those third parties.

b. Bulk Distribution (“Spam”)

If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to Company to send Member their personal information such as full name and email address.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a no tolerance spam policy.

The Company has no obligation to monitor the content provided by Members; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

c. Fraudulent and Suspicious Behavior

The Company may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.

Members may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.

The Company reserves the right to disqualify any Member and/or cancel any Credit(s) if they find a Member to be tampering with the operation of the Program or violating these Terms and Conditions.

The Company has the right to suspend, disqualify or terminate any Member’s or Prospective Member’s participation in the Program and forfeit any Credits or credits earned if the Member or Prospective Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 6. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and the Company is unable to find a solution to restore the integrity and credibility of the Program, then the Company may in its sole discretion cancel, change or suspect the Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

5.7 – Applicable Law:

Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under the laws of the State of New York. Members and Prospective Members expressly consent and agree to the Dispute Resolution terms set forth in Section 10 herein.

5.8 – General Terms:

These Terms constitute the entire agreement between Members and the Company concerning Members’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms. The terms and conditions applicable to Members’ use of the Service can be found at www.liquid-iv.com.

6 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that Liquid I.V. or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

Liquid I.V. is a trademark of Liquid I.V. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Liquid I.V., Copyright © 2012 Liquid I.V., Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

7 – THIRD PARTY SITES; INDEMNIFICATION

7.1 – Third Party Web Sites

The Site may provide links to third party Sites that are not owned or controlled by Liquid I.V., including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. Liquid I.V. does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

7.2 – Indemnification

You agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers (“Liquid I.V. Parties”) harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with (i) your use of the Service, (ii) any violation by you of these Terms of Use, or any other policy posted from time to time on the Service applicable to your use of the Service, or (iv) your violation of any applicable laws or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Liquid I.V.. Liquid I.V. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8 – DISCLAIMER OF WARRANTIES

THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. LIQUID I.V., ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “LIQUID I.V. PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.

THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND LIQUID I.V.. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIQUID I.V. OR ANY PERSON ON BEHALF OF LIQUID I.V. SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE LIQUID I.V. PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9 – LIMITATION OF LIABILITY

9.1 -

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL A LIQUID I.V. PARTY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT A LIQUID I.V. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

9.2 –

TO THE FULLEST EXTENT PERMITTED BY LAW, LIQUID I.V. PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT OF FEES PAID TO LIQUID I.V. BY YOU PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LIQUID I.V. PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A LIQUID I.V. PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A LIQUID I.V. PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

9.3 –

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Liquid I.V. Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service. You understand that these limitation of liability terms are an essential aspect of our ability to provide the Service to you, and that we would not be able to do so without these provisions. If you do not intend to honor these provisions, do not use the Service.

10 – DISPUTE RESOLUTION: ARBITRATION, CLASS ACTION WAIVER, AND CHOICE OF LAW

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Liquid I.V. is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Liquid I.V.’s Customer Service Representatives are ready to assist you and address your concerns. If our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

10.1 – Pre-Arbitration Claim Resolution

For all disputes, you must first give Liquid I.V. an opportunity to resolve the dispute by writing us at Liquid I.V., 4136 Del Rey Ave, Marina del Rey, CA 90292, Attn: General Counsel, and providing the following information: (1) your name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single Dispute between you and Liquid I.V.. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.

Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Liquid I.V. (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Liquid I.V. will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Liquid I.V. agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

10.2 – Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver

Any claim between you and Liquid I.V. related to these Terms of Use or your use of this Service, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration, except to the extent either party elects to resolve a dispute subject to the jurisdiction of a small claims court.

You and Liquid I.V. further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use or your use of the Service, by whatever means, between you and Liquid I.V., shall be resolved in its entirety on an individual basis (not classwide or collective) through binding arbitration. Any dispute regarding the scope of this Arbitration Agreement shall be decided by the arbitrator.

You and Liquid I.V. agree that any arbitration under this Arbitration Agreement will take place on an individual basis, except as otherwise provided below, and that proceedings as a private attorney general are not permitted.

10.3 – Arbitration Procedures

If any dispute between you and Liquid I.V. is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Liquid I.V. may initiate arbitration proceedings. Any controversy or claim arising out of your use of this Service or these Terms of Use shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that Liquid I.V. accommodating any location request for your convenience will not subject Liquid I.V. to personal jurisdiction in such forum. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made and all initial filing requirements are met, unless further extended by mutual agreement of the parties. Disputes regarding the scope of this agreement to arbitrate shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.

However, notwithstanding the above, if you file a demand for arbitration that is one of fifty (50) or more similar demands for arbitration filed against Liquid I.V. by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules or procedures intended to or having the effect of reducing the cost of Mass Arbitration. The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and Liquid I.V. agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section (Disputes), or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

10.4 – Other Dispute Resolution Terms

In the event of any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the dispute. As in court, you and Liquid I.V. agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11, including a certification that the claim or the relief sought is neither legally or factually frivolous, nor brought for an improper purpose.

You acknowledge that if you are in breach of any provisions of these Terms of Use, you shall not have the right to enforce any of the provisions herein. This includes, but is not limited to, any rights or remedies that would otherwise be available to you under these Terms of Use.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SERVICE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10.5 – WAIVER OF JURY TRIAL

LIQUID I.V. AND YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE.

10.6 – Choice of Law

Your use of this Service, these Terms of Use and any disputes arising under or related to these Terms of Use or related to use of this Service (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles.

Any disputes not subject to arbitration, shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity.

11 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS

11.1 – Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

11.2 – General Terms

Liquid I.V. may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Liquid I.V.’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Use, Liquid I.V.’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Liquid I.V. or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and Liquid I.V. regarding its subject matter. Liquid I.V. will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Liquid I.V. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Liquid I.V. Party shall be a third party beneficiary hereunder. Liquid I.V. may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Liquid I.V.’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination

12 – Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Cristina A. Carvalho

ArentFox Schiff LLP

1717 K Street NW

Washington, DC 20006 United States

P: 202.857.6000 F: 202.857.6395

cristina.carvalho@afslaw.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

13 – General Provisions

13.1 – Release

You hereby release Liquid I.V. Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Liquid I.V.’s products or the Service, including but not limited to, any interactions with or conduct of third-party websites of any kind arising in connection with or as a result of these Terms of Use or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Liquid I.V. Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service or Liquid I.V.’s products provided hereunder.

13.2 – Force Majeure

Liquid I.V. shall not 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, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

13.3 – Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the Service or Liquid I.V.’s products, please contact us at: info@liquid-iv.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13.4 – Notice

Where Liquid I.V. requires that you provide an e-mail address, you are responsible for providing Liquid I.V. with your most current e-mail address. In the event that the last e-mail address you provided to Liquid I.V. is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Liquid I.V.’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Liquid I.V. at the following address: Liquid I.V., 4136 Del Rey Ave, Marina del Rey, CA 90292, Attn: General Counsel. Such notice shall be deemed given when received by Liquid I.V. by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

13.5 – Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

13.6 – No Waiver

No failure on the part of Liquid I.V. to enforce any part of these Terms of Use shall constitute a waiver of any of Liquid I.V.'s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Liquid I.V. nor the reliance of any person on Liquid I.V.'s 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 Liquid I.V. shall have any legal effect whatsoever.