TERMS & CONDITIONS

TERMS AND CONDITIONS

 

Effective: 01/01/2020

 

Thank you for visiting SpecialtyDripps.com.  This Website is owned by DRIPPS (“DRIPPS”).  This Terms and Conditions statement (“TERMS”) governs your use of the Website and Services that are provided by DRIPPS, as defined herein.  DRIPPS operates this Website (“Website”) our mobile application on a mobile device (“App” or "Website") and the services and products related to or offered on the Website ("Services"). DRIPPS's Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Website or provided through the Website.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THESE TERMSs APPLY TO ALL PURCHASES OF DRIPPS GOODS AND SERVICES.

 

Please read this agreement carefully before accessing or using any of the Websites or Services. Each time you access or use the Websites or Services, you agree to be bound by these TERMS and our Privacy Policy.  Use of the Website is only available to users who are 18 years of age or older and reside in the United States, or its possessions and territories. If you do not agree to be bound by all of these TERMS, you may not access or use the Websites or Services. In addition, certain areas of the Websites or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TERMS, the additional terms will control.  DRIPPS makes no claims that the Website or any of its content is accessible from outside the United States.  Accessing the Website from outside of the United States is done on your own initiative and all responsibility is assumed by user for compliance with local laws.

 

DRIPPS reserves the right to change this Policy from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review this Website and Website policies periodically and to be aware of any modifications.  Your continued use of this Website after such modifications will constitute your acknowledgment of the modified TERMS, and your agreement to abide and be bound by the modified TERMS, which will be effective 30 days following posting.

 

By visiting this Website or using the Services, you are accepting the policies and practices described in this TERMS. Each time you visit the Website or use the Services, you agree and expressly consent to and reaffirm your acceptance of the then-current TERMS, and your agreement to be bound thereby. 

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1. CONTRACTUAL RELATIONSHIP

These Terms and Conditions (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available in the United States and its territories and possessions by DRIPPS, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “DRIPPS”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DRIPPS. In these Terms, the words “including” and “include” mean “including, but not limited to.”

 

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dripps may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DRIPPS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on hydreight.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

Dripps may amend the Terms from time to time. Amendments will be effective upon Dripps posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Dripps changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Dripps written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your Account to: info.specialtydripps@gmail.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

 

Dripps collection and use of personal information in connection with the Services is described in Privacy Policy located on our Website and signed and/acknowledged by each client.

2. ARBITRATION AGREEMENT

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against DRIPPS on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against DRIPPS and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against DRIPPS by someone else.

 

Agreement to Binding Arbitration Between You and DRIPPS.

You and DRIPPS agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and DRIPPS, and not in a court of law.

 

You acknowledge and agree that you and DRIPPS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and DRIPPS otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and DRIPPS each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

 

Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

 

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

 

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Nevada.

 

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

 

Location and Procedure.

Unless you and DRIPPS otherwise agree to a different location, the arbitration will be conducted in Colorado. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and DRIPPS submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. DRIPPS will not seek, and hereby waives all rights DRIPPS may have under applicable law to recover, attorneys’ fees and expenses if DRIPPS prevails in arbitration.

 

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if DRIPPS changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing DRIPPS written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o DRIPPS (the name and current contact information for the registered agent can be found on our website), or (b) by email from the email address associated with your Account to: info.specialtydripps@gmail.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and DRIPPS in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

 

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. THE SERVICES

The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule and/or to purchase certain goods and services, including with third party providers of such services and goods under agreement with DRIPPS or certain of DRIPPS’s affiliates (“Third Party Providers”). In certain instances, the Services may also include an option to receive goods and services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by DRIPPS in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES AND/OR GOODS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH DRIPPS AS A PROVIDER OF SUCH SERVICES OR GOODS.

 

4. INFORMATIONAL PURPOSES ONLY AND ASSUMPTION OF RISK 

The Website and Services offer health, fitness, nutrition, MedSpa, and related information, but are designed for informational purposes only. DO NOT RELY ON WEBSITE INFORMATION AS A SUBSTITUTE FOR OR TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL CONCERNS OR QUESTIONS ABOUT YOUR HEALTH SHOULD ALWAYS UTILIZE A CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY MEDICAL OR HEALTH RELATED ADVICE FROM HEALTH-CARE PROFESSIONALS BECAUSE OF SOMETHING ON OR RELATED TO THE WEBSITE OR THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Website or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of these Terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Website or through the Services and no assurance can be given that the information contained on the Website or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Website and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Website or Services. If you rely on any of the information provided by this Website or the Services, our employees, or guests or visitors to the Website, you do so solely at your own risk.

 

5. USER OBLIGATIONS

Website users agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to use of the Website and Services. Users also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. Users should also understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, DRIPPS is not responsible for the security of any information transmitted to or from the Website. DRIPPS reserves the right to prohibit or terminate use of or access to the Website at any time, without notice, for any reason whatsoever.

 

6. LICENSE

Subject to your compliance with these Terms, DRIPPS grants you a personal, revocable, limited, non-exclusive, non-sublicensable, royalty-free, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use; and (iii) use the Website; all of which are conditioned on continued compliance with this TERMS. Any rights not expressly granted herein are reserved by DRIPPS.

 

7. RESTRICTIONS

The Website and the Services are not intended for minors under the age of 18 and minors under 18 should not use the Website or the Services. User acknowledges and agrees that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of DRIPPS, its Licensors or content providers. Unless otherwise specified in writing, the Services are for user personal and non-commercial use. In connection with use of the Website and/or the Services, users acknowledge and agree not to: 1) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Website or the Services; 2) access the Website or Services by any means other than through the standard industry-accepted or DRIPPS-provided interfaces; 3) post or transmit any material that contains a virus or corrupted data; 4) delete any author attributions, legal notices or proprietary designations or labels; 5) violate any applicable local, state, national or international law, rule or regulation or use the Website and/or the Services for any purpose that is prohibited by this TERMS; 6) manipulate or otherwise display the Website and/or the Services by using framing or similar navigational technology; 7) register, subscribe or unsubscribe any party for any DRIPPS product or service if you are not expressly authorized by such party to do so; 8) use the Website or the Services in any manner that could damage, disable, overburden or impair DRIPPS servers or networks, or interfere with any other user's use and enjoyment of the Website and/or the Services; 9) gain or attempt to gain unauthorized access to the Website, Services, accounts, computer systems or networks connected to DRIPPS through hacking, password mining or any other means; 10) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services or harvest or otherwise collect information about other users without their consent; or 11) use the Website in any manner that could damage, disparage, or otherwise negatively impact DRIPPS. In addition, users agree to comply with all posting guidelines. Without limiting the generality of the foregoing, copying or reproducing any services, programs, products, information or materials provided by DRIPPS to any other server or location for further reproduction or redistribution is expressly prohibited.

 

The following is a partial list of the types of conduct that are illegal or prohibited on the Website. DRIPPS reserves the right to investigate and take appropriate legal action against any user who, in DRIPPS’s sole discretion, engages in any of the prohibited activities on the Website. Prohibited activities include, but are not limited to, the following:

a. posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

b. posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DRIPPS in its sole discretion. DRIPPS takes no responsibility for monitoring such content or in evaluating it;

c. posting advertisements or solicitations of business;

d. after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

e. posting chain letters or pyramid schemes;

f. impersonating another person;

g. distributing viruses or other harmful computer code which is malicious or technologically harmful;

h. harvesting or otherwise collecting information about others, including email addresses, without their consent;

i. allowing any other person or entity to use your identification for posting or viewing comments;

j. posting the same note more than once or "spamming";

k. harassing, threatening, stalking, or abusing any person;

l. attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or

m. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of DRIPPS, exposes DRIPPS or any of its customers or suppliers to any liability or detriment of any type.

 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DRIPPS; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

8. PROVISION OF THE SERVICES

You acknowledge that the Services may be made available under various DRIPPS brand names or request options by or in connection with: (i) certain of DRIPPS’s subsidiaries and affiliates; or (ii) independent Third Party Providers.

 

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and 

content (including advertising) that DRIPPS does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. DRIPPS does not endorse such third party services and content and in no event shall DRIPPS be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

9. OWNERSHIP

The Services and all rights therein are and shall remain DRIPPS’s property or the property of DRIPPS’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner DRIPPS’s company names, logos, product and service names, trademarks or services marks or those of DRIPPS’s licensors.

10. ACCESS AND USE OF THE SERVICES

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to DRIPPS certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by DRIPPS. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DRIPPS in writing, you may only possess one 

 

Account User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive goods, services or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

Text Messaging and Telephone Calls

You agree that DRIPPS may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an DRIPPS account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from DRIPPS at any time by contacting DRIPPS support through the website. If you do not choose to opt out, DRIPPS may contact you as outlined in its User Privacy Statement.

 

Referrals and Promotional Codes

DRIPPS may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that DRIPPS establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by DRIPPS.; (iii) may be disabled by DRIPPS at any time for any reason without liability to DRIPPS; (iv) may only be used pursuant to the specific terms that DRIPPS establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. DRIPPS reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that DRIPPS determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of DRIPPS’s Terms.

 

User Provided Content

DRIPPS may, in DRIPPS’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available DRIPPS through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to DRIPPS, you grant DRIPPS a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and DRIPPS’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant DRIPPS the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor DRIPPS’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DRIPPS in its sole discretion, whether or not such material may be protected by law. DRIPPS may, but shall not be obligated to, review, monitor, or remove User Content, at DRIPPS’s sole discretion and at any time and for any reason, without notice to you.

 

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DRIPPS does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

11. MONITORING AND ENFORCEMENT

DRIPPS reserves the right, but is not obligated, to do any or all of the following:

a. record the dialogue or content posted on any pages of the Website;

b. investigate an allegation that anything posted on the Website does not conform to this TERMS and determine in its sole discretion to remove or request the removal of the posting;

c. remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with this TERMS;

d. terminate user access to the Website upon any breach of this TERMS, either directly or indirectly;

e. monitor, edit, or disclose any posting on the Website; and

f. edit or delete any communications posted on the Website, regardless of whether such communications violate these standards; or

 

DRIPPS may disclose user information including personal identity and other personal information to any third party who claims that material posted by user violates their rights, including their intellectual property rights or their right to privacy.

 

Without limiting the foregoing, DRIPPS has the right to fully cooperate with any law enforcement authorities or court order requesting or directing DRIPPS to disclose the identity or other information of anyone posting any materials on or through the Website. USERS WAIVE, AND HOLD HARMLESS DRIPPS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DRIPPS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF DRIPPS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

DRIPPS does not undertake to review any materials before users have posted them on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. DRIPPS assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. DRIPPS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

12. FORUMS AND POSTING

DRIPPS hosts message boards, chats and other public forums (“Forums”) on its Website and through the Services. Forums are intended to serve as discussion centers for users and subscribers of the Website. These Forums are public and any information that users post on the Website or through the Services may be seen by anyone on the Internet.  Users may only post content to the Website that was created by user or which the owner of the content has given user permission to post.  Users may not post or distribute content that is illegal or that violates this TERMS.  Any user will have the ability to edit or delete their own posts after posting. Users are required to treat others with respect, be fair and informative, and post valuable information supported by facts. Unless based on personal experience, references to health-related or medical information must be included in posts.   By posting or distributing content to the Website, users represent and warrant that they: own all the rights to the content or are authorized to use and distribute the content to the Website; and, the content does not and will not infringe any copyright or other third party right nor violate any applicable law or regulation.

Users should carefully choose the information posted on the Website.  Any content that users post to the Website is considered non-confidential and non-proprietary.  Users must follow the below guidelines when posting information and media on the Website or through the Services and may not post the following items: telephone numbers, street addresses, last names, URLs to external Websites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, libelous or defamatory, or otherwise objectionable subject matter, anything that interferes with or disrupts the Website, statements or materials that misrepresent user’s affiliation with DRIPPS,  junk mail or spam, unauthorized advertising,  or any material that infringes or may infringe the intellectual property rights of any party. Users are solely responsible for anything they may post on this Website and the consequences of posting anything on this Website.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the Forums. DRIPPS or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. Users are responsible for adhering to such limitations. DRIPPS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in Forums by third parties, nor is DRIPPS responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will DRIPPS, its affiliates, suppliers or agents be liable for any loss or damage caused by user reliance on information obtained through Forums. The opinions expressed in Forums are solely the opinions of the participants, and do not reflect the opinions of DRIPPS, or any of its affiliates. DRIPPS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public or private Forums. Users acknowledge and agree that DRIPPS reserves the right to monitor the same at our sole discretion. DRIPPS employees may moderate Forums. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. DRIPPS moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect DRIPPS, DRIPPS clients, sponsors, users and visitors. In addition, DRIPPS and DRIPPS’s moderators reserve the right to contact users to inform them of policies, hide user’s posts or delete user’s accounts without warning or notice in advance, for any reason, including but not limited to the violation of this TERMS. By submitting, posting, sending or transmitting content to the Website (e.g., images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials) hereinafter referred to as Submissions, users grant to DRIPPS, its affiliates, subsidiaries, assigns, agents, licensees and designees, a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submissions in any medium for any purpose, commercial or otherwise.  Once a user makes a Submission, DRIPPS will not give user any right to inspect or approved its uses of such content or compensation to user for any such uses.  DRIPPS owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by DRIPPS, using or incorporating Submissions or content posted to the Website.  For more information please review the DRIPPS Privacy Policy.  The foregoing license to DRIPPS shall be fully paid-up and royalty free. Users represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow DRIPPS's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via Forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

13. PAYMENTS AND COMMERCIAL TRANSACTIONS

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). DRIPPS will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.

 

All Charges and payments will be enabled by DRIPPS using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DRIPPS may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by DRIPPS.

 

As between you and DRIPPS, DRIPPS reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DRIPPS’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DRIPPS will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DRIPPS may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. DRIPPS may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any 

 

Third Party Providers or other third parties

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and DRIPPS will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. DRIPPS will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to DRIPPS or its affiliates, where DRIPPS is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from DRIPPS for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and DRIPPS will respond accordingly to any request from you to modify the Charges for a particular service or good. DRIPPS does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by DRIPPS to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that DRIPPS provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

 

ALL PURCHASES THROUGH THIS WEBSITE OR OTHER TRANSACTIONS FOR THE SALE OF GOODS OR SERVICES OR INFORMATION FORMED THROUGH THE WEBSITE OR AS A RESULT OF VISITS MADE BY YOU ARE GOVERNED BY THESE TERMS AND CONDITIONS.

 

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

 

14. PRIVACY

DRIPPS's Privacy Policy with respect to the collection and use of personally identifiable information is set forth at www.specialtydripps.com, and is incorporated by reference into this TERMS. BY ACCESSING THE WEBSITE AND/OR SERVICES, USER AGREES THAT USER ACCEPTS DRIPPS PRIVACY POLICY.

 

 

15. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMER.

THIS WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DEEISPLAYED, ACCESSED OR OBTINED ON OR THROUGH THE WEBSITE AND SERICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WRRANTIES OF ANY KIND. DRIPPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WIHOUT LIMITATINO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHATBILIYT, OR FITNESS FOR A PARTICLUAR PURPOSE, NOT EXPRESSLY SET OUT IN THESE TERMS. IN ADDITION, DRIPPS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DRIPPS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIPPS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) USE OF THE WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITES OR SERVER(S) ON WHICH THE WEBSITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE ENTIRELY AT USER’S OWN RISK. DRIPPS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES. DRIPPS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICES. 

 

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY.

DRIPPS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIGABILITY, OR LOSSES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DRIPPS EVEN IF DRIPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME ALL ALIABLITY FOR YOUR: 

 (i) USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DRIPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii)ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (iv) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (v) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR SERVICES; (vi) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE AND/OR SERVICES; (vii) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE AND/OR SERVICES; OR (viii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DRIPPS OR ITS LICENSORS OR AFFILIATES TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR USING THE WEBSITE AND/OR SERVICES. DRIPPS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DRIPPS’S REASONABLE CONTROL.

 

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DRIPPS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DRIPPS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DRIPPS’S CHOICE OF LAW PROVISION SET FORTH BELOW.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to each user. To the extent that DRIPPS may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of DRIPPS liability will be the minimum permitted under such applicable law.

 

User Indemnity.

You agree to indemnify and hold DRIPPS and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) DRIPPS’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party 

 

User agrees to indemnify, defend and hold DRIPPS and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) user’s breach of this TERMS; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Website or the Services.

 

16. DRIPPS INTELLECTUAL PROPERTY

The entire contents of the Website are copyrighted as a collective work under the laws of United States and other copyright laws. DRIPPS holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use, unless otherwise permitted.  Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Users agree not to change or delete any proprietary notices from materials downloaded from the Website.

 

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DRIPPS or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms permit users access to the Website for personal, non-commercial use only. Users must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website.  Users must not: modify copies of any materials from the Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and/or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. Users must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If users print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the TERMS, user’s right to use the Website will cease immediately and user must, at DRIPPS’s option, return or destroy any copies of the materials made. No right, title or interest in or to the Website or any content on the Website is transferred to users, and all rights not expressly granted are reserved by DRIPPS. Any use of the Website not expressly permitted by this TERMS is a breach of this TERMS and may violate copyright, trademark and other laws.

 

Copyright Protection

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by DRIPPS infringe your copyright, you or your agent may send to DRIPPS a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DRIPPS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to DRIPPS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work that you claim has been infringed; identification of where the material that you claim is infringing is located on the Website or Services reasonably sufficient to permit DRIPPS to locate the material; information reasonably sufficient to permit DRIPPS to contact you; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

 

Notice of claims of copyright infringement or counter notices should be sent as follows: Afton Bryant, DRIPPS, ____address_____; E-mail:  info.specialtydripps@gmail.com. DRIPPS suggests that consultation with legal advisor before filing a notice or counter-notice because there can be penalties for false claims under the DMCA.

17. OTHER PROVISIONS

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Colorado, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Colorado residents to assert claims under Colorado law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Colorado law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Colorado law to you if you do not otherwise reside in Colorado. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

 

Notice.

DRIPPS may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to DRIPPS with such notice deemed given when received by DRIPPS, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o DRIPPS.

General.

 

You may not assign these Terms without DRIPPS’s prior written approval. DRIPPS may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DRIPPS’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DRIPPS or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DRIPPS’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DRIPPS in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

 

Jurisdictional Issues

DRIPPS makes no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside the United States. Users who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. DRIPPS reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area or jurisdiction, and to limit the quantities of any Services.

 

Termination

User agrees that DRIPPS, in its sole discretion, may terminate user’s password, account (in whole or in part) or use of the Website or Services, and remove and discard any content within the Website or Services, at any time and for any reason. User agrees that any actions taken under this Section may be effective without prior notice to user.

 

Governing Law

This TERMS and the relationship between user and DRIPPS shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. User and DRIPPS irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts in the State of Colorado, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

Waiver and Severability

The failure of DRIPPS to exercise or enforce any right or provision of this TERMS shall not constitute a waiver of such right or provision. If any provision of this TERMS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

 

Successors and Assigns

DRIPPS may perform any of its obligations or exercise any of its rights under this TERMS through any of its affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with DRIPPS). If DRIPPS or its assets are acquired by another entity, that entity will assume DRIPPS’s rights and obligations as described in this TERMS. Users may not assign their rights or obligations under this TERMS, by operation of law or otherwise, without our prior written consent from DRIPPS.

 

Updates

DRIPPS may modify this TERMS at any time, as deemed appropriate. If user disagrees with the changes to the TERMS, user must discontinue use of the Website and Services, and if user has registered on the Website or for Services, cancel their registration. User’s continued access or use of the Website or Services following such notice signifies acceptance of the modified TERMS. It is user’s responsibility to review the TERMS regularly to be aware of such modifications. DRIPPS reserves the right to modify or discontinue the Website or Services with or without notice. DRIPPS will not be liable to users or any third party should DRIPPS exercise the right to modify or discontinue the Website or Services. If users object to any such changes, user’s sole recourse will be to cease access to the Website or Services. Continued access to the Website or Services following notice of any such changes will indicate user’s acknowledgement of such changes and acceptance of the Website or Services as so modified and user’s use of new Services will be governed by this TERMS.

 

Entire Agreement

This TERMS and DRIPPS Privacy Policy constitute the sole and entire agreement between user and DRIPPS with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.