TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEB SITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

These Terms and Conditions apply to O Waters, LLC d.b.a as O Premium Waters ("OPW") and the websites under the domain names of www.owaters.com, www.owaters.net, www.opremium.com, www.opremium.com, www.opremiumwater.com, www.opremiumwaters.com, www.opremiumwaters.net, and (the "Site(s)"). Unauthorized use of OPW Sites and systems, including but not limited to, unauthorized entry into OPW's systems, misuse of passwords, or misuse of any information posted to a Site, is strictly prohibited.

You acknowledge that OPW may disclose and transfer any information that you provide through the Sites to (i) any OPW affiliate, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Site(s) you agree to such transfers. Use of the Site(s) may be monitored, tracked and recorded. Anyone using the Site(s) expressly consents to such monitoring, tracking and recording.

Copyright Notices

The works of authorship contained in the Site(s), including but not limited to, all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by OPW. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without OPW's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of OPW's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademark Notices

The name O Premium Waters, LLC, the phrase, Take The O Premium Waters Challenge, the terms, O Purified Water, Premium O Electro-lite Water, Premium O Purified Water, as well as the art work for these terms and the art work for O Premium Waters' logo, the waterdrop are trademarks of OPW. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Web Content and Materials

The information on the Site(s) is for information purposes only. It is believed to be reliable, but OPW does not warrant its completeness, timeliness or accuracy.

The information and materials contained in the Site(s), and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. Products and services described, as well as, associated fees, charges, may differ among geographic locations. Not all products and services are offered at all locations.

You agree that (i) you will not engage in any activities related to the Site(s) that are contrary to applicable law, regulation or the terms of any agreements you may have with OPW and (ii) in circumstances where locations of the Site(s) require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

OPW OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND OPW DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. OPW RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE SITE(S) AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE(S), NO DISTRIBUTION OR SOLICITATION IS MADE BY OPW TO ANY PERSON TO USE THE SITE(S) OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE(S) AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the Site(s) may from time to time be unavailable, delayed, limited or slowed due to, among other things: hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of OPW.

Electronic Communications

When you visit the Site(s) or send e-mails to OPW, you are communicating with OPW electronically. You consent to receive communications from OPW electronically. OPW will communicate with you by e-mail or by posting notices on the Site(s). You agree that all agreements, notices, disclosures and other communications that OPW provides to you electronically satisfy any legal requirement that such communications be in writing.

Links to Other Sites

Links to non-OPW websites are provided solely as pointers to information on topics that may be useful to the Site(s), and OPW has no control over the content on such non-OPW websites. If you choose to link to a website not controlled by OPW, OPW makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does OPW warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. OPW does not guarantee the authenticity of documents on the Internet. Links to non-OPW sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE(S) (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE(S)) IS PROVIDED "AS IS" AND "AS AVAILABLE". OPW AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE(S). OPW AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE SITE(S), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, OPW WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE(S), OR FOR THE INCOMPATIBILITY BETWEEN THE SITE(S) AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL OPW BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OPW'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OPW'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL OPW BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE(S) OR ANY PORTION THEREOF, REGARDLESS OF WHETHER OPW HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with OPW. The user's access to and use of the Sites(s), and the terms of this disclaimer are governed by the laws of the State of Arizona.

Dispute Resolution

You also agree that, should any difference of interpretation or controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, that you and OPW shall promptly make good faith efforts to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions for disputes to which this clause applies, without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.