Terms and Conditions
Last updated: July 11, 2018
These Terms and Conditions are between you and H2O Plus, LLC, (“H2O+”, the “Company”, “we”, “us”, “our”) and govern your use of the H2O+ online store, e-commerce platform and website located at www.h2oplus.com, and H2O+ mobile and social media applications that link to these Terms and Conditions (together, the “Services”). In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that H2O+ may institute from time-to-time (these “Terms and Conditions”).
These Terms and Conditions apply to the Services currently offered by H2O+ as well as Services that may be offered in the future.
H2O+ reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied above. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from H2O+ or otherwise use the Services. By using the Services, you agree to be bound by the Terms and Conditions posted on the Services at the time of your access. Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against H2O+ Beauty. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS.
These Terms and Conditions form a legally binding contract between you and us. By using our Services, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Everything on or used in connection with our Services, including but not limited to H2O+'s name and logo, product images and descriptions, design, the look and feel of the Services, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to H2O+, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Services for purposes of placing an order with H2O+ or for non-commercial uses. Any other use of the materials on the Services - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of H2O+ is strictly prohibited. Use of any materials on the Services in connection with any product or service that is not offered by H2O+ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits H2O+, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Services or frame any portion of the Services. You may not circumvent any mechanisms included in the Services for preventing the unauthorized reproduction or distribution of the content or materials contained on the Services.
From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, effectiveness, pricing, and availability. H2O+ reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Services is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Services (including without limitation product descriptions, colors or photographs). The content on the Services is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services. The information contained on the Services may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Services
You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Services in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Services may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
H2O+ may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. H2O+ does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between H2O+ and the Third Party Website, and H2O+ does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. H2O+ is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Services.
Use of Products and Services
The products and services available on the Services, including any samples H2O+ may provide to you, are for personal use only. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Condition. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
All material and information presented by H2O+ is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Use of the Services are not meant to serve as a substitute for professional medical advice: these Services are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Services does not give or intend to give any answers to medical related questions and these Services do not replace any medical professional or medical resource. H2O+ does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Services.
You may not sell or resell any of products or services you purchase or otherwise receive from H2O+. H2O+ reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where H2O+, in its sole discretion, believes may result in the violation of these Terms and Conditions.
Any sweepstakes, contests, coupons, rebates or other promotions made available through the Services will be governed by specific rules that are separate from these Terms and Conditions. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Color and Image Photography
We have done our best to display as accurately as possible the colors of the products shown on the Services. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Product photography is used as a visual tool to show the color, texture and appearance of products. Always refer to the unit container or product page for fill weight information.
Your use of the Services to purchase merchandise indicates your agreement to follow and to be bound by the Terms and Conditions related to the sale of merchandise set forth in these Terms and Conditions. If you do not want to accept the Terms and Conditions related to the sale of merchandise, please do not purchase merchandise from the Services. Products offered through the Services are offered subject to availability. All orders are subject to email confirmation from us. We do not accept any backorders. We also only allow a maximum of ten (10) items of any specific product per order.
In connection with your use of the Services, you may establish or otherwise receive H2O+ user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that H2O+ has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that H2O+ shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes.
For your protection, H2O+ may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
Prices and Payments
You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Prices for products are quoted in US dollars and are valid only in the continental United States, Alaska and Hawaii. Products sold on through the Services are intended for end use in the United States and are not labeled or intended for international distribution. H2O+ may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor.
Please refer to the FAQs for the most recent policy. To the extent there are any conflicts between the FAQs and these Terms and Conditions, the FAQs control.
Once your order has been accepted, H2O+ will process your order by packing and arranging for delivery of the goods to you. H2O+ will determine the most appropriate means of delivering goods to you depending on your location and any election of delivery method received from you where the Services permit such an election.
Depending on your location within the United States of America, the delivery time will usually be within 5 to 10 business days from the time that H2O+ processes your order. We cannot guarantee or provide a day of the week or time of day for delivery.
We accept no responsibility for deliveries to incorrect or incomplete addresses provided by you. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address.
All purchases of physical items from H2O+ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Please refer to the FAQs for the most recent policy. To the extent there are any conflicts between the FAQs and these Terms and Conditions, the FAQs control.
H2O+ products purchased from all other locations must be returned to their original point of purchase in accordance with the individual retailer’s return policy.
H2O+ products purchased on www.h2oplus.com may be returned for refund in accordance with this section. Returns must be made within 30 days of your receipt date for a refund. All merchandise must be unopened, unused and accompanied by the packing list.
No refunds or exchanges can be given on promotional or discounted items. There are no cash refunds and we do not credit or refund charges for shipping or handling. You are responsible for the return shipping & handling charges. We suggest adding insurance to your parcels through your preferred mail delivery service. All returns will be credited back to the original credit card used at time of purchase within 10 - 12 business days of our warehouse receiving your return.
727 Sansome St #200
SAN FRANCISCO, CA 94111
Please refer to the FAQs for the most recent policy. To the extent there are any conflicts between the FAQs and these Terms and Conditions, the FAQs control. Orders cannot be cancelled or revised once placed online. Online orders are sent to our warehouse, where they immediately enter the order fulfillment process. However, you may return orders for a refund as specified under our Return Policy, above.
If you access the Services via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
THE SERVICES AND THEIR CONTENTS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, H2O+ DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, H2O+ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. H2O+ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.
Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED ONE HUNDRED DOLLARS ($100) OR THE COST OF THE PRODUCT AT ISSUE (WHICHEVER IS GREATER).
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
Content Submitted by You
You are responsible for any information, text, images, videos or other materials or content that you post on the Services or transmit through the Services (“User Generated Content”). You agree, represent and warrant that any User Generated Content you post on the Services or transmit through the Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Generated Content. You shall not upload, post or otherwise make available on or through the Services any User Generated Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Generated Content. You will not post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable, including unauthorized or unsolicited advertising.
PLEASE DO NOT POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Generated Content to us, you agree that: (i) we are free to use such User Generated Content for any purpose, (ii) such User Generated Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.
By submitting User Generated Content to us directly or indirectly (including through the use of hashtags on third party social media platforms), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Generated Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Generated Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Generated Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Generated Content through the Services, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Services and under these Terms and Conditions. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Generated Content that you may have under any applicable law or legal theory. Interactive Features
We may host message boards, user-generated content, promotions, product reviews, blogs, and other interactive features or services through which users can post or upload User Generated Content (each, a “Forum”) on the Services. We do not endorse User Generated Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Generated Content, and are acting only as a passive conduit for such User Generated Content. User Generated Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.
You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Generated Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Services and may employ anonymous user names when doing so. Any user failing to comply with these Terms and Conditions may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Generated Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Generated Content before allowing it to be posted on the Services or any Forum; (b) monitor User Generated Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Generated Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Generated Content, and the circumstances surrounding its transmission, to any third party in order to operate the Services, to protect us, users of the Services or others, to comply with legal obligations or governmental requests, to enforce these Terms and Conditions, or for any other reason or purpose we deem appropriate. If you see User Generated Content on the Services that you believe violates the terms of these Terms and Conditions, please contact us.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide H2O+’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, if your address is outside of the United States, for any judicial district in which H2O+ is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
H2O+’s Designated Agent for claims of copyright infringement can be reached at:
H2O Plus, LLC
c/o Legal Department
727 Sansome St #200
San Francisco,CA 94111
You agree to defend, indemnify and hold harmless H2O+ (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your violation of any term of these Terms and Conditions; (b) a breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Services.
Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.
Arbitration / No Class
Actions PLEASE REVIEW - IMPORTANT – AFFECTS YOUR LEGAL RIGHTS
EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN H2O+ OR THE H2O+ PARTIES DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST H2O+ BEAUTY OR THE H2O+ PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND H2O+ AND THE H2O+ PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. With respect to any dispute, claim, or controversy regarding the Services, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms and Conditions. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
Any dispute relating in any way to your visit to or use of the Services (including purchases), these Terms and Conditions, or the relationship between the parties (hereafter “Claim”), except Claims related to the intellectual property rights of H2O+ or claims in equity, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. Arbitration means that an arbitrator, or arbitrators, will decide the claim, and you will not have the right to sue in court or to have a judge or jury decide your claim. Your rights to prehearing exchange of information and appeals may also be limited in arbitration.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
You agree that any arbitration or proceeding shall be limited to the dispute between H2O+ and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST H2O+ ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may choose JAMS Arbitration, located at 2 Embarcadero Center Suite 1500, San Francisco, CA 94111 (www.jamsadr.com/arbitration), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $1000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law.
Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control.
The failure of H2O+ to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact H2O+’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
The Services and these Terms and Conditions are subject to change and updating by H2O+ at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any H2O+ services constitutes your acceptance of any change or update, all of which shall become controlling when posted.