Terms & Conditions
DS Services of America, Inc. and its affiliates and subsidiaries provide our products and services to you subject to the following terms and conditions ("Terms and Conditions"). These Terms and Conditions apply to DS Services and the website under the domain name water.com and all DS Services operated websites accessible through water.com (collectively the "Sites"). By accessing, viewing and/or using the Sites, you acknowledge and understand that these Terms and Conditions are the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions. DS Services reserves the right to change our policies and procedures from time to time, in our sole discretion, and your continued use of the Sites following any changes will be deemed to constitute acceptance of the changes. If any term or condition is deemed invalid, void or for any reason unenforceable, that term or condition is deemed severable and does not affect the validity and enforceability of any remaining term or condition. As used throughout these Terms and Conditions, the terms "you" and "your" mean the person(s) accessing, viewing or using the Sites. "Our" means DS Services.
Your User Name and Password
When you register to use ("Self Serve Site"), you will be prompted to set up your user name and password when you log on to the Self Serve Site for the first time. If you have problems accessing the Self Serve Site, please email Customer Service at firstname.lastname@example.org or contact Customer Service at 800-728-5508. You should make certain that your password is not easy to guess and treat your user name and password with the same degree of care that you use to protect other sensitive financial information. You agree not to give, or make available, your user name or password to any other person. You agree to notify DS Services immediately if your user name or password is misused, lost, misplaced or disclosed without your permission by emailing Customer Service at email@example.com or contacting Customer Service at 800-728-5508.
If you use the Sites, you are responsible for maintaining the confidentiality of your DS Services account and your user name and password. You agree to accept responsibility for all activities related to your account, user name or password. DS Services reserves the right to terminate your account or access to the Sites in our sole discretion.
As a convenience to our customers, DS Services offers you the ability to pay your invoices online 24 hours/7 days a week. By accessing, viewing and/or using our online payment service, you authorize DS Services to (i) establish and maintain your invoices and payment authorizations and (ii) process your payments according to your instructions. DS Services reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send DS Services a payment authorization, you authorize DS Services to charge your transaction account and remit funds on your behalf so that the funds arrive prior to the Payment Due Date as set forth on your invoice. DS Services anticipates completing most transactions and posting your payment within two business days of the date you designate. Due to circumstances beyond the control of DS Services, some transactions may take more than two business days to post. Therefore, DS Services should receive payment authorizations at least three (3) business days before the actual Payment Due Date. If you send a payment authorization less than three (3) business days before the Payment Due Date, you may be assessed late charges and/or penalties by DS Services. DS Services tries to process all your payment authorizations promptly and properly. However, DS Services will incur no liability if it is unable to complete any payment authorizations initiated by you because of the existence of any one or more of the following circumstances: (1) your account does not contain sufficient funds to complete the payment authorization or the payment authorization would exceed the credit limit of your account; (2) you have not provided DS Services with correct names and/or account information; or (3) circumstances beyond the control of DS Services that prevent the proper transmission of your payment authorization. Payments or credits processed or charges incurred after the Payment Due Date will be included in your next invoice. Charges for some products and services are non-refundable. Invoices may include charges for partial billing periods based on the date your service was activated.
By using the online payment service, you authorize DS Services to make payments for you from your designated transaction account. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and DS Services may charge you for any returned credit/debit card charges.
DS Services charges you no additional fees to register for Auto Pay. If you pay your DS Services invoice electronically through your financial institution, you may incur charges from your financial institution in order to make online payments.
The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively "Copyrights"), are owned, except as otherwise expressly stated, by DS Services and are protected by United States and international copyright laws and regulations. In addition, DS Services owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of DS Services. DS Services does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. The entire contents of the Sites are copyrighted © DS Services of America, Inc. 2009-2014.
The names DS Services of America, Inc., Alhambra®, Athena®, Belmont Springs®, Crystal Springs®, Deep Rock® , Hinckley Springs®, Kentwood Springs®, Mount Olympus®, Nursery® water, Sierra Springs®, Sparkletts®, and Standard Coffee® , a coffee delivery service, as well as My Utapia™, a water filtration service, the wave symbol and any other names, graphics, logos, service marks and icons identifying DS Services, the Sites, or DS Services products or services (collectively the "Marks") are proprietary trademarks of DS Services. The Marks included in the Sites are protected by trademark, trade dress and other laws and may not be copied or imitated in whole or in part in any manner without the prior written consent of DS Services. All other trademarks not owned by DS Services that appear on the Sites are the property of their respective owners, and you are not permitted to use the trademarks without the prior written consent of the respective owner. Except as expressly provided in the License and Site Access section, nothing contained in these Terms and Conditions may be construed as granting or permitting any right to use the Marks.
License and Site Access
Your continued compliance with these Terms and Conditions provides you with a limited, personal, revocable, nonexclusive, nontransferable license to use the Sites. This license does not include any resale rights or the right to make commercial use of the Sites or their contents. You are authorized to electronically download or copy the materials published on these Sites solely for your personal, noncommercial informational use. Any contents of the Sites which are downloaded must include the copyright notice set forth in the Copyrights section of these Terms and Conditions. You acknowledge that you do not acquire any ownership rights in the Copyrights or Marks by downloading copyrighted and/or trademarked contents. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, duplicate, frame, deep link, or otherwise use any information or contents obtained from or through the Sites without the prior written permission of the owner of the respective contents. As a condition of your access, view and/or use of the Sites, you agree that you will not access, view or use the Sites for any purpose that is unlawful, unauthorized or inconsistent with these Terms and Conditions and any applicable laws or regulations, and you agree that the limited license granted you in this section will terminate immediately upon your violation of this agreement. DS Services reserves the right to terminate your access to the Sites and their contents at any time, with or without cause or notice, in our sole discretion.
DS Services is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DS Services. Furthermore, DS Services is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.
When you visit the Sites or send emails to DS Services, you are communicating with DS Services electronically and agree to receive communications from DS Services electronically. DS Services will communicate with you by email or by posting notices on the Sites. You agree that all communications provided by DS Services to you electronically satisfy all legal requirements that the communications be in writing.
DS Services welcomes your comments, suggestions, ideas or questions about the Sites or any of the products or services offered by DS Services. You agree that comments, ideas, suggestions or other information (collectively "Submission(s)") that you provide to DS Services in any manner (whether verbally or in writing), including those about any of our products, services or the Sites (including the personal name that you provide DS Services with any Submission) are not confidential and may be used by DS Services without any limitation. By providing any Submission, you grant DS Services a royalty free, perpetual, irrevocable, nonexclusive right and license for DS Services to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide or act on the Submission without additional approval or consideration in any form, media or technology now known or later developed for the full term of any rights that may exist in the Submission, and you waive any claim to the contrary. You represent that you own or otherwise control all of the rights to the Submission that you provide and that use of your Submission by DS Services will not infringe upon or violate the rights of any third party.
Links to Other Sites
Links to non-DS Services websites are provided solely as pointers to information on topics that may be useful to you. DS Services makes no representation or warranty, either expressed or implied, about the content of any non-DS Services website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-DS Services websites do not imply that DS Services endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-DS Services websites.
You agree to indemnify, defend and hold harmless DS Services and all of its employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees and litigation expenses) relating to or arising from your access, view and/or use of the Sites or any breach by you of these Terms and Conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
DS SERVICES USES REASONABLE EFFORTS TO PROVIDE YOU THE MOST CURRENT AND ACCURATE INFORMATION AVAILABLE ABOUT THE SITES AND THEIR CONTENTS INCLUDING, BUT NOT LIMITED TO, OUR PRODUCTS AND SERVICES. THE INFORMATION CONTAINED ON THESE SITES MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUTDATED INFORMATION. DS SERVICES MAY MAKE MODIFICATIONS OR CHANGES TO THE SITES OR THEIR CONTENTS AT ANY TIME, FOR ANY REASON. DS SERVICES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO PRICING ERRORS) IN THE INFORMATION OR CONTENTS OF THE SITES. DS SERVICES RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR ORDER AT ANY TIME IN OUR SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO (1) ANY ORDER THAT CONTAINS INCORRECT PRICING OR PRODUCT DESCRIPTIONS; OR (2) ANY ORDER THAT VIOLATES OR MAY VIOLATE APPLICABLE LAW. DS SERVICES ALSO RESERVES THE RIGHT TO LIMIT THE PRODUCTS OR SERVICES THAT YOU PURCHASE THROUGH THE SITES.
These Sites are generally accessible throughout the continental United States and feature products and/or services that are generally available for purchase from DS Services within the continental United States but may not be available in your particular location. The reference to any products or services on these Sites does not imply or warrant that the products or services are available in your particular location. Please contact DS Services Customer Service for specific product or service availability in your locality.
YOU EXPRESSLY ASSUME THE SOLE RISK OF ACCESSING, VIEWING AND/OR USING THE SITES AND THEIR CONTENTS. DS SERVICES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION OR ACCURACY OF THE SITES AND THEIR CONTENTS FOR ANY PURPOSE, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. THE SITES AND THEIR CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS DS SERVICES OR OUR VENDORS LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR ACCESS, VIEW AND/OR USE OF THE SITES OR THEIR CONTENT (INCLUDING BUT NOT LIMITED TO YOUR ABILITY TO ACCESS, VIEW AND/OR USE THE SITES OR THEIR CONTENT), REGARDLESS OF WHETHER DS SERVICES HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
By accessing, viewing and/or using these Sites, you agree that all matters relating to these Terms and Conditions, and your access, view and/or use of the Sites shall be governed by the laws of the State of Georgia, without regard to the conflicts of laws principles. Any action to enforce these Terms and Conditions will be brought in the federal or state courts presiding in Atlanta, Georgia, and you expressly agree to be subject to the personal jurisdiction and venue of the courts. DS Services makes no representation that the information or content on these Sites is appropriate or available for use in other locations. Your access, view and/or use of the information or content on these Sites or the use or purchase of any products or services from any location where any of the contents of these Sites are illegal is prohibited. If you choose to access or make purchases from these Sites from other locations, you do so voluntarily and of your own accord, and you are responsible for compliance with applicable laws. These Terms and Conditions shall be subject to any other agreements you have entered into with DS Services.
You agree that if any difference of interpretation, dispute, controversy or claim ("Claim") arises with respect to your accessing, viewing and/or using the Sites and their contents, including, but not limited to, the online payment service, you will promptly make good faith efforts to negotiate a written resolution of the Claim with DS Services before taking any legal, administrative or other dispute resolution action whatsoever. You agree that if the Claim remains unresolved within forty five (45) days after the Claim arises, DS Services and you will engage in mediation to resolve the Claim using a third party mediator that is reasonably acceptable to both you and DS Services. If you file any arbitration claim, administrative/governmental agency claim or legal action of any kind against DS Services without first using good faith efforts to resolve the Claim by mediation, you agree to waive any rights you may have to recover attorneys’ fees, court costs or other legal expenses related to the Claim, even if you are otherwise entitled to recover such cost under any applicable law or regulation.
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment or agency relationship exists between you and DS Services as a result of these Terms and Conditions or your access, view and/or use of these Sites. The waiver by DS Services of any breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.