Terms of Use

These Terms of Use (“Terms”) apply to the website located at https://sab.crystalgeyser.com/ and any related pages, features, content, downloadable materials, or online services that link to these Terms, collectively referred to as the “Site.”

The Site is owned and operated by Crystal Geyser Water Company (“Crystal Geyser,” “we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

The Site provides general educational and informational content related to hydration, heat safety, fluid balance, and related public health and occupational or recreational topics. The Site is not an e-commerce site and does not provide medical advice, diagnosis, or treatment.

Please note that certain features or services referenced in these Terms may not be offered on the Sites at all times.

ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and with regard to these Terms and your use of the Sites will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The content provided on this Site, including text, graphics, videos, downloadable materials, PDFs, references, guidelines, and other information, is provided for general educational and informational purposes only.

The Site is intended to support awareness and education regarding hydration practices, heat safety, and related topics. The information on the Site should not be relied upon as a substitute for professional medical advice, diagnosis, treatment, workplace safety guidance, or advice from a qualified healthcare, occupational health, safety, or other professional.

You should always consult with a qualified healthcare provider, occupational health professional, safety officer, or other appropriate professional regarding any medical condition, workplace safety concern, heat illness prevention plan, or other health or safety-related matter.

2. NO MEDICAL ADVICE OR PHYSICIAN-PATIENT RELATIONSHIP

The Site does not provide medical advice, diagnosis, treatment, or healthcare services.

Use of the Site, including viewing content authored, reviewed, or associated with physicians, scientists, medical professionals, or members of the Pocari Sweat Science Advisory Board, does not create a physician-patient relationship, healthcare provider-patient relationship, advisor-client relationship, or any other professional relationship between you and Crystal Geyser, any Science Advisory Board member, or any other contributor to the Site.

You should not disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of information you have read on this Site.

3. MEDICAL EMERGENCIES

If you believe you or another person may be experiencing a medical emergency, including but not limited to symptoms of heat stroke or other serious heat-related illness, call 911 or seek immediate medical attention.

The Site is not intended to be used for emergency medical response, diagnosis, or treatment.

4. SCIENCE ADVISORY BOARD MEMBERS

The Pocari Sweat Science Advisory Board may include physicians, scientists, physiologists, occupational health specialists, and other experts who provide scientific input, review educational content, or otherwise support the Site’s educational mission.

Science Advisory Board members may be compensated for their time and expertise. Their participation does not constitute an endorsement, recommendation, approval, or promotion of any product, brand, service, company, or commercial offering, including POCARI SWEAT or any Crystal Geyser product.

Unless expressly stated otherwise, any views or contributions by Science Advisory Board members are provided for educational purposes and should not be interpreted as individualized medical advice, professional advice, or product endorsement.

5. NO PRODUCT ENDORSEMENT OR PERFORMANCE CLAIMS

Nothing on this Site should be interpreted as a claim that any product prevents, treats, cures, mitigates, or diagnoses any disease, medical condition, or health condition.

References to POCARI SWEAT, Crystal Geyser, or any related brand, product, or company are provided for informational or contextual purposes only and should not be interpreted as medical claims or as recommendations by any Science Advisory Board member.

Statements made on this Site have not been evaluated by the Food and Drug Administration. POCARI SWEAT is not intended to diagnose, treat, cure, or prevent any disease.

Only authorized representatives of Crystal Geyser may make statements, claims, or representations on behalf of Crystal Geyser or its brands.

6. ACCURACY AND AVAILABILITY OF INFORMATION

We strive to provide information that is accurate and useful. However, scientific, medical, hydration, occupational health, and safety-related knowledge may evolve over time, and information on the Site may not always reflect the most current research, guidance, law, regulation, or best practice.

We make no representation or warranty that the Site or any Site Content is accurate, complete, current, reliable, error-free, or appropriate for any particular purpose.

You are responsible for evaluating the accuracy, completeness, usefulness, and applicability of any information available on or through the Site.

7. OWNERSHIP OF SITE CONTENT

Unless otherwise expressly stated, all materials included on or made available through the Site, including but not limited to text, graphics, images, photographs, artwork, logos, icons, videos, audio, downloadable materials, PDFs, page layouts, design elements, source code, object code, and the overall “look and feel” of the Site, collectively referred to as “Site Content,” are owned, controlled, or licensed by Crystal Geyser, its affiliates, licensors, or content providers.

The Site Content is protected by copyright, trademark, trade dress, patent, and other intellectual property and proprietary rights laws.

You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, sell, license, or otherwise exploit any Site Content except as expressly permitted by these Terms or with prior written permission from Crystal Geyser.

8. LIMITED LICENSE TO USE SITE CONTENT

Subject to your strict compliance with these Terms, grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download (if downloading is expressly offered by Crystal Geyser) the Site Content (with the exception of source and object code, other than as made available to access and use via standard web browsers). When you access or view the Site Content, you must:

  1. keep intact all copyright and other proprietary notices;

  2. make no modifications to the Site Content;

  3. not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party in doing so;

  4. not use the Site Content in a misleading, false, defamatory, or unlawful manner;

  5. not imply that Crystal Geyser, POCARI SWEAT, the Science Advisory Board, or any Science Advisory Board member endorses you, your organization, your products, your services, or your statements; and

  6. not make medical, health, safety, product performance, or disease-related claims based on the Site Content unless expressly authorized in writing by Crystal Geyser.

You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of Crystal Geyser . You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.

9. DOWNLOADABLE MATERIALS

The Site may provide downloadable educational materials, including PDFs, guides, checklists, summaries, or reference documents.

Such downloadable materials are provided for general educational and informational purposes only. You may download and use these materials for personal, internal, educational, or non-commercial purposes, provided that you do not modify the materials or remove any notices, disclaimers, copyright statements, trademarks, or attribution.

You may not sell, sublicense, alter, misrepresent, or use downloadable materials for commercial purposes without prior written permission from Crystal Geyser.

The Site may include links to third-party websites, publications, guidelines, resources, organizations, or online materials, including but not limited to governmental, academic, industry, professional, or public health resources.

These links are provided for convenience and informational purposes only. Crystal Geyser does not control, endorse, sponsor, approve, or assume responsibility for any third-party websites, content, products, services, policies, practices, or materials.

Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party sites or online features. Your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

11. PROHIBITED USES

You agree not to use the Site or Site Content in any way that:

  1. violates any applicable law, regulation, or third-party right;

  2. is fraudulent, misleading, defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable;

  3. infringes any copyright, trademark, trade secret, privacy, publicity, or other proprietary right;

  4. interferes with or disrupts the operation, security, or integrity of the Site;

  5. uses any robot, spider, scraper, data mining tool, automated process, or similar technology to access, collect, copy, or extract Site Content without authorization;

  6. attempts to gain unauthorized access to the Site, servers, networks, systems, or data;

  7. implies unauthorized affiliation with, sponsorship by, or endorsement from Crystal Geyser, POCARI SWEAT, the Science Advisory Board, or any Science Advisory Board member; and

  8. uses Site Content to make unauthorized medical, health, safety, product performance, or disease-related claims.

You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Crystal Geyser encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Crystal Geyser has a designated agent for receiving notices of copyright infringement and Crystal Geyser follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Crystal Geyser’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.

If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide Crystal Geyser with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you. Please send your notice of claims of copyright infringement on or regarding a Site or a complaint regarding alleged violation of rights other than copyrights to Crystal Geyser’ s copyright agent, who can be reached as follows:

Mailing Address: 1233 E California Ave, Bakersfield, CA 93307
Phone: 661-323-6296

E-mail Address: cgw-marketing@crystalgeyser.com

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Crystal Geyser will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

13. MEMBERSHIP & REGISTRATION

Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Crystal Geyser reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.

14. LINKING POLICY

Crystal Geyser grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites:

  1. must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites;

  2. must not create the false impression that Crystal Geyser, any Crystal Geyser Brand, Pocari Sweat or the Site you link to is endorsing or sponsoring any third party or its products or services, unless Crystal Geyser has given the third party prior written consent;

  3. must not present false information about, or disparage, tarnish, or otherwise, in Crystal Geyser’s sole opinion, harm Crystal Geyser or its products or services;

  4. must not use any Crystal Geyser or Pocari Sweat trademarks without the prior written permission from Crystal Geyser;

  5. must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Crystal Geyser’s sole opinion); and

  6. must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Crystal Geyser reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.

15. EDUCATIONAL RESOURCE REGISTRATION AND ACCESS

The Site may make available educational resources, scientific publications, research summaries, reports, guidance documents, webinars, presentations, downloadable PDF materials, and other educational content (collectively, “Resources”).

Access to certain Resources may require users to complete a registration form and provide personal or professional information before downloading, viewing, or otherwise accessing such Resources.

Crystal Geyser reserves the right, in its sole discretion, to restrict access to certain Resources, require registration, modify access requirements, or discontinue any Resource at any time without notice.

You agree that any information submitted in connection with registration, access requests, or downloads will be accurate, current, and complete.

Users may not provide false, misleading, incomplete, fraudulent, or unauthorized information in connection with any Resource registration or access request.

Crystal Geyser may deny, suspend, restrict, or terminate access to Resources if it reasonably believes that information provided is inaccurate, misleading, or otherwise violates these Terms or applicable law.

16. PRIVACY AND INFORMATION COLLECTION

Your use of the Site is subject to the Pocari Sweat Science Advisory Board Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by reference.

The Privacy Policy describes the categories of personal information that may be collected through the Site, the purposes for which such information may be used, the categories of recipients with whom such information may be shared, your privacy rights under applicable law, and other information regarding our privacy practices.

Certain Resources available through the Site may require you to provide personal information or professional information before accessing or downloading such Resources.

By submitting information through the Site, you represent and warrant that:

  • The information you provide is accurate, current, and complete;

  • You are authorized to provide such information;

  • You consent to our collection, use, disclosure, retention, and processing of such information in accordance with these Terms, the Privacy Policy, and applicable law.

Information collected through the Site may include, but is not limited to:

  • Name;

  • Email address;

  • Employer, company, or organization;

  • Job title or professional role;

  • Industry sector;

  • Geographic location;

  • Demographic information;

  • Professional interests;

  • Information regarding your interactions with the Site and Resources; and

  • Other information voluntarily provided through the Site.

Information collected through the Site may be used for purposes including:

  • Providing access to requested Resources;

  • Responding to inquiries and requests;

  • Improving the Site and user experience;

  • Understanding audience interests, professional backgrounds, and demographics;

  • Supporting scientific, educational, training, and public awareness initiatives;

  • Conducting analytics, research, and audience measurement;

  • Developing and improving educational content and Resources;

  • Communicating regarding educational materials, scientific content, webinars, events, surveys, newsletters, and related initiatives;

  • Communicating regarding products, services, programs, and initiatives offered by Crystal Geyser Water Company, its affiliates, or related organizations, where permitted by applicable law;

  • Complying with legal and regulatory obligations; and

  • Other purposes described in the Privacy Policy.

If you choose not to provide requested information, certain Resources or Site functionality may not be available to you.

For additional information regarding our data collection, processing, disclosure, retention, and privacy practices, please review our Privacy Policy available at:

https://sab.crystalgeyser.com/privacy-policy/

17. DISCLAIMER OF WARRANTIES

THE SITES (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRSS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CRYSTAL GEYSER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE CRYSTAL GEYSER PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CRYSTAL GEYSER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE CRYSTAL GEYSER PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CRYSTAL GEYSER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY CRYSTAL GEYSER PARTY, WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE CRYSTAL GEYSER PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, THE CRYSTAL GEYSER PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.

LIMITATION OF LIABILITY; WAIVER UNDER NO CIRCUMSTANCES WILL THE CRYSTAL GEYSER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CRYSTAL GEYSER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CRYSTAL GEYSER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE CRYSTAL GEYSER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE CRYSTAL GEYSER PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CRYSTAL GEYSER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE SITES OR ANY CRYSTAL GEYSER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE CRYSTAL GEYSER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY CRYSTAL GEYSER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE CRYSTAL GEYSER PARTIES. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless each of the Crystal Geyser Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Sites or activities in connection with the Sites; (c) your User Content; and your use of Viral Distribution, Widgets, and Applications; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Crystal Geyser Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Crystal Geyser. You will cooperate as fully required by the Crystal Geyser Parties in the defense of any claim. The Crystal Geyser Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Crystal Geyser Parties.

19. TERMINATION

In its sole discretion, Crystal Geyser reserves the right to terminate, suspend, or block your access to and use of the Sites, without notice and liability, for any reason, including, without limitation, if Crystal Geyser believes your conduct fails to conform with these Terms. Crystal Geyser also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Crystal Geyser. Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.

20. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Sites are presented solely for, and any programs are offered only to, residents of the United States.

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 Crystal Geyser to any registration requirement within such jurisdiction or country. You should not construe anything on this Site as a promotion or solicitation for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.

Crystal Geyser controls and operates the Site from offices located in the United States and makes no representations or warranties that any information, products, or services contained on the Site are appropriate for use or access in other locations.

Software made available through or in connection with the Site, if any, may be subject to U.S. export control and economic sanctions laws. You may not download, access, use, export, re-export, or transfer any such software or related technology in violation of applicable law, including to any person, entity, country, or territory subject to U.S. trade sanctions, embargoes, or other restrictions. You represent and warrant that you are not subject to any such restrictions, including by being identified on the U.S. Treasury Department’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department’s Denied Persons List.

21. DISPUTES AND ARBITRATION

Any dispute you have with Crystal Geyser should be submitted to Crystal Geyser’s Marketing Department within thirty days of the event giving rise to the dispute. The Marketing Department can be contacted via postal mail at: 700 Airport Blvd., Suite 495, Burlingame, CA 94010, Attention: Marketing Department; via email at: cgw-marketing@crystalgeyser.com. Please allow at least thirty (30) days for Crystal Geyser to address your complaint prior to taking further action.

Except for disputes relating to the infringement of your or Crystal Geyser’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Crystal Geyser are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Crystal Geyser (whether or not such dispute involves a third party) with regard to these Terms, your use of the Sites, your purchase of any Crystal Geyser Brand product, or any Crystal Geyser Brand advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Crystal Geyser will participate in a class action or class-wide arbitration for any claims covered by this agreement.

This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in San Francisco County, California, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Crystal Geyser or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. Crystal Geyser will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful.

In all other cases, you will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.

You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in San Francisco County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Crystal Geyser reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Crystal Geyser.

22. MISCELLANEOUS

The failure of Crystal Geyser to insist upon or enforce strict performance of any provision of these Terms or to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Crystal Geyser’s rights with respect to such breach or any subsequent breaches. No waiver by Crystal Geyser of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Crystal Geyser, nor will such a waiver be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Crystal Geyser may assign its rights and duties under these Terms to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with the prior written consent of Crystal Geyser. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. You agree that these Terms will not be construed against Crystal Geyser by virtue of Crystal Geyser having drafted these Terms.

23. OUR RIGHT TO UPDATE THESE TERMS

Crystal Geyser reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.

24. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Crystal Geyser Water Company

1233 E California Ave, Bakersfield, CA 93307

Email: cgw-marketing@crystalgeyser.com