These Terms and Conditions govern your access to and use of the Clear American Sparkling Water® website, including any content, products, and services offered on our site. By visiting clearamericansparklingwater.com or purchasing our flavored sparkling waters, you agree to be bound by the following terms.
1. Definitions
Clear American Sparkling Water® means the owner of the website.
You refers to the user, customer, or viewer of our website.
Website refers to clearamericansparklingwater.com and all web pages, subdomains, content, and services made available on or through the domain.
Products refers to the flavored sparkling waters and other merchandise offered for sale on our Website.
Order refers to the Products you purchase on the Website.
Account refers to the optional user account you create on the Website to access certain features.
2. Age Requirements
You must be at least 18 years old to access our Website or place Orders. By using our site, you represent and warrant you are at least 18 years old. If you are under 18, you may only use the Website or place Orders with the involvement and consent of a parent or legal guardian.
3. Account Creation
In order to access certain exclusive content and features on our Website, you may need to register for an Account. You agree to provide accurate and complete information when creating your Account and to update your information when it changes.
You are solely responsible for safeguarding your login credentials and agree not to share your password or login information with anyone else. You must immediately notify us of any unauthorized access to your Account so we can take action.
4. Order Process
Products purchased from the Website are sold directly by Clear American Sparkling Water®. All descriptions, images, pricing, and availability of Products are subject to change at any time without notice.
When you place an Order, you agree to pay the total cost including the listed price for Products plus any applicable sales tax and shipping charges. Any quoted delivery dates are estimates only and subject to change.
All Orders are subject to acceptance and availability. If we cannot fulfill your Order for any reason, we will attempt to notify you by email. You agree we have the right to refuse or cancel any Order for any reason at any time.
5. Payments and Pricing
We accept most major credit cards and other forms of electronic payment. All payment information you provide must be accurate and complete. You represent that you are authorized to use the provided payment method and that it may be charged for the full amount of your Order.
You remain responsible for all charges even if the payment information provided is incorrect or fraudulent. We are not liable for any loss suffered by you as a result of incorrect or fraudulent payment information.
Product pricing on the Website may change at any time without notice. However, the price charged will be the price displayed at the time the Order is placed. Prices exclude sales tax and shipping costs, which are charged separately based on delivery location. Total cost including tax and shipping will be displayed prior to completing your Order.
6. Shipping and Delivery
We will make every effort to deliver your Order according to the estimated timeline provided. However, delays are possible due to high order volumes or unforeseen circumstances. We are not liable for any delays and cannot offer refunds, credits, or other compensation for late deliveries.
You are responsible for providing an accurate and complete shipping address. We are not responsible for undeliverable packages due to provision of incorrect information.
We will attempt to notify you if part or all of your Order will be delayed and give you the option to continue waiting or request a refund. You may also contact us to request cancellation for delayed Orders within a reasonable time frame.
Risk of loss and title for Products passes to you upon our transfer to the carrier. You must inspect deliveries promptly on arrival and report any damage or inaccuracies to us right away.
7. Returns and Refunds
If you are dissatisfied with your purchase, you may be eligible for a refund within 30 days of delivery. To qualify, Products must be unused in original packaging.
Please contact us to request a return and refund. You will be responsible for shipping costs. Refunds are generally processed back to the original payment method within 5 business days of receiving the return.
We cannot accept returns or process refunds for:
- Special order and customized Products
- Products marked as final sale
- Items not in original condition
You must comply with all other noted return and exchange policies listed on the Website. We reserve the right to refuse refunds that do not meet our return criteria.
8. User Content
Users may have the option to post content on parts of the Website like reviews, comments, forums, etc. You agree not to upload, link to, or otherwise distribute any content that:
- Infringes the intellectual property or rights of others
- Contains illegal, offensive, obscene, or derogatory material
- Promotes violence, racism, terrorism, illegal acts or hate toward groups
- Contains personal information or spam
- Aims to deceive, scam, or defraud others
We can remove any user content at our sole discretion without notice or recourse to the posting user. You remain solely responsible for all content you contribute to the Website.
9. Product Warranty
All Products sold through our Website come with a limited manufacturer’s warranty covering defects in materials and workmanship. Complete warranty details are provided at the time of purchase.
We will replace or provide refunds for Products deemed defective within the warranty period when promptly notified and returned. We make no other guarantees, express or implied, regarding the Products or services offered on our Website.
10. Accuracy of Information
We make every effort to provide complete, accurate, up-to-date information on our Website. However, some data like product descriptions, availability, images, etc. may change over time. Typographical errors or inaccuracies may also occur.
We are not liable for any errors, omissions, or outdated information available on the Website and cannot be held responsible for any related consequences. You agree to verify any critical information with us before relying on it.
11. Links to Third Party Sites
The Website may contain links to other external websites that we do not own or control. We are not responsible for the content, functionality, or business practices of any third party site. Inclusion of links does not imply our endorsement of any linked site.
Using any third party site is done entirely at your own risk. We recommend reviewing the privacy policies and terms of any site you visit.
12. Limitations on Liability
Clear American Sparkling Water® will not be liable for any indirect, incidental, or consequential damages in connection with or arising from use of the Website.
This includes damages for lost profits, business interruption, loss of data, or loss of business opportunities arising from use of or inability to access the Website. These limitations apply regardless of whether the damage occurs due to site use, errors, omissions, inaccuracies, viruses, bugs, or vulnerabilities unrelated to our negligence.
Our maximum liability for any individual claim is limited to the amount paid to us by you specifically for the Order giving rise to liability. These limitations apply to all claims of any kind whether based on warranty, contract, statute, regulation, tort, strict liability, negligence, or otherwise.
13. Indemnification
You agree to release, indemnify, defend and hold harmless Clear American Sparkling Water® and our parent, subsidiaries, affiliates, successors and assigns as well as each of their respective investors, directors, officers, employees, developers, suppliers, and representatives from all losses, claims, liabilities, demands, and expenses arising from or related to:
- Your violation of these Terms and Conditions
- Your use or misuse of the Website
- Any User Content you submit, post, transmit, or otherwise make available
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you at your expense.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California without regard to conflict of law principles. Venue for any disputes lies exclusively in the state and federal courts located in Los Angeles County, California.
For any disputes, we encourage you to contact us directly to seek a resolution. We will negotiate in good faith to settle any disputes, claims, or controversies that cannot be resolved.
15. Changes and Amendments
We reserve the right to modify these Terms at any time without notice. Updated Terms will be posted on this page, and the “Last Updated” date will reflect the effective date of revisions.
Your continued use of the Website constitutes acceptance of the revised Terms. You are expected to check this page periodically for changes so you are aware of the current Terms. We will make reasonable efforts to notify users directly of any significant changes.
16. Severability
If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will remain fully enforceable and unaffected. The ineffective provision will be modified as necessary to conform with applicable law most closely matching the original intent.
17. Assignment
We may freely assign these Terms including all rights, obligations, and duties herein. You may not assign these Terms without our prior written consent.
18. Termination
We reserve the right to immediately terminate these Terms and permanently block access to our Website if you violate any provision of these Terms. Upon termination, all rights and licenses granted to you will terminate immediately and you must discontinue use of our Website.
We also may terminate these Terms without cause at any time by providing 30 days advance notice of termination. Accounts terminated without cause will be eligible for refunds of any unused portions of prepaid services or features.
Provisions intended to survive termination like indemnity, limitations on liability, warranty disclaimers, and dispute resolution procedures will continue in effect beyond termination.
19. Entire Agreement
These Terms including any policies incorporated herein constitute the entire agreement between Clear American Sparkling Water® and you regarding use of the Website. These Terms supersede any prior understandings or oral agreements about Website use.