Terms of Use  

This Agreement is between Waterdrop Microdrinks, LLC (“we,” “us” or “Waterdrop”) and you (“you” or “your”), as an authorized user of any website, mobile application, platform, product, or other medium offered by us (individually and collectively, the “Site”, “Sites” or “Waterdrop”) and governs the terms of your use of such. The Site is provided to you under these Terms of Use, our Privacy Policy, and any operating rules and/or policies that we may publish or distribute from time to time (collectively known as the “Agreement”), and you agree you are a direct party to those. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

We care about data privacy and security. Please review our Privacy Policy at https://us.waterdrop.com/pages/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

USER REPRESENTATIONS

As a condition of your right to use the Site, you represent that you are of legal age and capacity to enter into a binding contract, and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country.

Furthermore, you assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. We will not be held responsible in any way if your use of the Site or our products violate any laws in your respective jurisdiction.

AMENDMENTS TO TERMS OF USE

We reserve the right, in our sole discretion, to change these Terms of Use at any time and they will be updated at https://us.waterdrop.com/pages/terms-of-use. When the Waterdrop Terms of Use are updated, we will flag this for you and your continued use of Waterdrop will be deemed acceptance of any revised Terms of Use.
Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms are posted.

NOTICES AND CONTACT

By using Waterdrop, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to Waterdrop electronically. You also agree to permit Waterdrop to use your email address, and any other means of communication to send you commercial messages regarding various promotions and offerings we think may be of interest to you. You may withdraw your to receiving notices electronically by email to info@waterdrop.com.

INTELLECTUAL PROPERTY AND DCMA

All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Waterdrop, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or Site obtained from the Site, or use of the Site for purposes competitive to Waterdrop, is expressly prohibited. Waterdrop, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. Trademarks, logos and Site marks displayed on this Site are registered and unregistered trademarks of Waterdrop, its licensors or content providers, or other third parties.

All of these trademarks, logos and Site marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or Site mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Waterdrop reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify our customer Site department, who can be reached as follows: Waterdrop Microdrinks, LLC. 200 South Wacker Drive, Chicago, IL 60606, or info@waterdrop.com.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

DESCRIPTION OF SITE

Our Sites provide information about Waterdrop’s products, allow users to purchase Waterdrop’s products and may also provide different ways to interact with Waterdrop through newsletters, blogs, social media, and other outlets. Waterdrop currently sells beverage supplements and related products, though we are not bound to continue doing so and reserve the absolute right to change our offerings at our sole discretion. Our Sites may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Sites in the future, their use is subject to these Terms of Use without limitation unless explicitly noted.

AMENDMENTS, MODIFICATIONS AND INTERRUPTION OF THE SITE, CONTENT OR SERVICES

We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

REGISTRATION

Certain features of our Sites (such as making a purchase) may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. Currently, purchase on our Site are made via Shopify, whose terms of use can be found at https://www.shopify.com/legal/terms. We may at our sole discretion use other vendors for purchases on the Site. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data by any such 3rd party.

USER PURCHASES

While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. Waterdrop makes no representations or warranties regarding the availability of any product at a given point in time. In the event of a technical or clerical error in the published availability of any product, Waterdrop reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto. In the event you make a purchase with us, you agree that you will make all purchases in good faith and not based on speculation or fraud.
We reserve the right to change the prices and terms of any product we offer, and do not provide any type of price protection or guarantee.

REFUND POLICY

Waterdrop believes in helping its customers as far as possible, and providing a satisfying experience. If in case you feel that any product purchased from the Site does not meet your expectations, you may bring it to our notice by contacting us at info@waterdrop.com. We may provide you a refund or site credit at our sole discretion but are under no obligation to do so. Unless explicitly noted, all purchases from the Site are final and “as-is”.

THIRD-PARTY SITES AND THIRD-PARTY CONTENT

Certain areas of the Sites and our payment processing functions may be operated on behalf of Waterdrop by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. Waterdrop is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

Our Sites may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

Some of the Content, services, and features on our Sites, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than Waterdrop will be at your own risk. You expressly agree to hold Waterdrop harmless for any claims of damage arising from any Content, product, or service provided by any third party.

USER FEEDBACK

All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Waterdrop. By submitting Feedback to Waterdrop, you assign to Waterdrop, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

LINKS

This Site may contain links to other sites. Waterdrop has no control over the information and privacy policies and practices of those Sites, and is not responsible for their content, collection and use of information, or freedom from error or viruses. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving Waterdrop’s site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WATERDROP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “WATERDROP PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITES (INCLUDING WITHOUT LIMITATION, PARTICIPATION IN OUR LOYALTY PROGRAM), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WATERDROP PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE WATERDROP PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY WATERDROP PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WATERDROP PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NO MEDICAL OR HEALTH ADVICE

DUE TO THE NATURE OF WATERDROP’S BUSINESS, THIS SITE MAY OFFER HEALTH, WELLNESS, FITNESS, NUTRITIONAL AND OTHER RELATED INFORMATION. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Waterdrop and its affiliates and their officers, directors, employees, contractors, agents, licensors, Site providers, subcontractors, consultants, advisors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of Site and any violation of these Terms of Use and/or Privacy Policy. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Waterdrop reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Waterdrop in the defense of such matter.

FOREIGN USERS

Waterdrop makes no representation that materials associated with the Site are appropriate or available for use in other locations. If you access the Site from outside the United States, please understand that this Site may contain references and/or links to products and Site that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Waterdrop, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall Waterdrop be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising out of or relating in any way to your use of our Sites or any products, services, or information you receive through our Sites, shall be submitted to confidential, binding arbitration in Chicago, Illinois, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Chicago, Illinois, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

JURISDICTION AND GOVERNING LAWS

The laws of the state of Illinois and the United States govern these Terms of Use and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Illinois will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of our Sites after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Waterdrop. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Waterdrop, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Sites. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Sites or associated social media accounts, constitutes the entire agreement between you and Waterdrop regarding your use of the Sites, and that any other prior agreements between you and Waterdrop are superseded by these Terms of Use. Any failure by Waterdrop to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

INTEGRATION

This Agreement constitutes the entire agreement between Waterdrop and you concerning your use of the Site and supersedes all prior agreements (if any). A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement. In such an event, this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

Contact Us
If you have any questions about these Terms of Use, please feel free to contact us by email at info@waterdrop.com.
Effective Date of this Terms of Use: Dec. 1st 2019.