terms & conditions
This website is operated by Drink Recess Inc., a Delaware corporation (“Recess,” “we,” or “us”). These terms of service (“Terms of Service”) set forth the terms and conditions under which you are authorized to use our Site.
To the extent rules or guidelines affecting your use of the Site are found on other pages of our Site, those rules and guidelines (including our privacy olicy ) are hereby incorporated by reference into these Terms of Service. By using our Site, you agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all usage of our Site.
Description of Service
Merchandise and Purchases
SMS Messaging Sign-Up
By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, and then by responding YES to a text message confirming your sign-up, you have consented to receive marketing messages from us. Standard message and data rates may apply. You may opt-out at any time by texting STOP in response to any of our messages. You may request help at any time by texting HELP in response to any of our messages or by emailing customer service at firstname.lastname@example.org.
Additional Policies and Agreements
Your purchase of products on our Site may be subject to additional terms and conditions, including our policies on product returns or exchanges, which will be presented to you when you make a purchase.
Registration/ Account Set Up
Certain features of our Site may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Site to receive information, subscribe to email lists, or enter a promotion or giveaway.
If you wish to register on our Site, you agree to provide accurate information about yourself as required by the applicable registration form. You also agree that you will only register one account on the site. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms of Service. You are responsible for maintaining the confidentiality of your account details and you are responsible for all activities that occur on your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites and Third-Party Content
Certain areas of the Site and our payment processing functions may be operated on behalf of Recess by third parties, and may be subject to the Terms of Service and/or Privacy Policies of those parties. Recess is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.
Some of the Content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by any party other than Recess will be at your own risk. You expressly agree to hold Recess harmless for any claims of damage arising from any Content, product, or service provided by any third party.
As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RECESS, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “RECESS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RECESS PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE RECESS PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY RECESS PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RECESS PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
CONTENT ON THIS SITE IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE ADVICE GIVEN BY A PHYSICIAN OR HEALTH-CARE PROFESSIONAL OR PRACTIONER.IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. 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.
You agree to indemnify and hold the Recess Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by Recess, including without limitation your actual or alleged violation of these Terms of Service.
User-Submitted Content and User Conduct
Any content, whether uploaded, posted, submitted, or otherwise made available on our Site, including without limitation social media posts displayed on our Site or referencing any of our social media sites, or any other content which does not originate with a Recess Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Recess Party be liable in any way for any User Content made available through our Site or in connection with any of our social media accounts. We may not review all User Content on our Site, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use our Site to transmit or make available any Content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party;
- violates any person’s rights of privacy or publicity;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- employs any techniques to disguise the origin of the Content submitted;
- contains any unsolicited or unauthorized advertising or promotional materials;
- incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Site to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Site, servers, or networks connected to them. We reserve the right (but have no obligation) in our sole discretion to edit, refuse, move, or remove any User Content that is posted on our Site or prohibit your access to our Site in the event of a violation of these Terms of Service.
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Site. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting Recess, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.
All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Recess. By submitting Feedback, you assign to Recess, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Information
All Content, copyrights, and other intellectual property rights in the Content available on our Site, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Recess, with all rights reserved, or in some cases may be licensed to Recess by third parties. This Content is protected by the intellectual property rights of Recess or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Recess.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on our Site which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your notice of alleged infringement via email to hello@drinkrecess.
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Recess to terminate use of our Site by repeat infringers in appropriate circumstances.
Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in New York, New York, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Service may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of New York, New York, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
The laws of the state of New York govern these Terms of Service and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site are appropriate, legal, or available for use outside of the United State. With the exception of any matters subject to arbitration as described above, the state and federal courts located in New York, New York will serve as the venue for any actions brought, or claims made, arising out of your use of our Site.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Changes to These Terms
If you have any questions about these Terms of Service, please feel free to contact us by email at email@example.com
Effective Date of this Terms of Service: October 18, 2019