Terms & Conditions
Disclaimer: While Drink Recess Inc. and the persons who maintain this website (“we,” “us” or the “Company”) regularly work to ensure that product information on this website is correct and current, on occasion we may alter a product’s ingredients as we strive to improve our products. Actual product packaging and materials may contain more and/or different information than that shown on our website. We recommend that you do not solely rely on the information presented and that you always fully read product labels before consuming our products. For additional information about a product, please contact us. Content on this site is for reference purposes only and is not intended to substitute for advice given by a physician, pharmacist, nutritionist or any other licensed healthcare professional or practitioner. You should not use this information as self-diagnosis or for treating any form of health problem, injury or disease. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or health condition.
- Nature of this website. This website and the services provided to you on and via this website are provided on an “AS IS” basis. You agree that the Company reserves the right to modify or discontinue provision of this website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability to you. The Company will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.
- Registration and password. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your user account, user name or password.
- Your conduct. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this website may expose you to content that you may find objectionable or offensive. The Company will not be responsible to you in any way for content displayed on this website, nor for any error or omission relating to that content.
- By using this website or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of this website or any service provided, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; (c) you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (d) you will not collect or harvest any information about other users; (e) you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce; (f) you will not use this website to promote or operate any service or content without the Company’s prior written consent, which may be withheld in our sole discretion; (g) you will not provide any content that may give rise to the Company being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, proprietary or confidential intellectual property or trade secrets.
- Submission of content on this website. By providing any content to this website:
(a) you agree to grant the Company a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media or technology already known at the time of provision or otherwise developed subsequently; (b) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant the Company the license specified in this section 7; and (c) you acknowledge and agree that the Company will have the right (but not obligation), at the Company’s entire discretion, to refuse to publish, remove or block access to any content you provide, at any time and for any reason, with or without notice.
- Third-party services. Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by those third parties. The Company will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
- DISCLAIMER OF WARRANTIES. THE COMPANY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE COMPANY WILL NOT BE HELD LIABLE IN ANY WAY PROVIDED THAT COMPANY DOES NOT ACT WRONGFULLY OR NEGLIGENTLY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES NOT CAUSED BY THE COMPANY’S GROSS NEGLIGENT OR OTHERWISE WRONGFUL CONDUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (D) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (E) ANY OTHER MATTER RELATING TO SERVICES, PROVIDED THAT SUCH DAMAGES ARE NOT CAUSED BY THE COMPANY’S GROSS NEGLIGENT OR OTHERWISE WRONGFUL CONDUCT.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
- Reservation of rights. The Company reserves all of the Company’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that the Company may have in respect of this website, its content and goods and services that may be provided. The use of the Company’s rights and property requires the Company’s prior written consent, which may be withheld in our sole discretion. By making services available to you, the Company is not providing you with any implied or express licenses or rights and you will have no rights to make any commercial use of this website or provided services without the Company’s prior written consent.
- Notification of copyright infringement. If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Company’s copyright agent may be contacted via the following email address: .
- Contact us. If you have any questions, feel free to contact us at the following email address--.