Terms of Service
Introduction
Welcome to CoastDrink.com (the “Site”). This Terms of Service Agreement sets forth the Agreement between Overland Health LLC (referred to as “us”, “we” and “our”) and each user (“you” or “user” or “customer”) governing the use by you of this Site.
By using our Site and/or purchasing something from us (“Services”), you signify your assent to the following Terms of Service (“Terms of Service” or “Agreement”) and such other additional terms and conditions contained on this Site, including the Site’s Privacy Policy. If you do not agree to all of the terms and conditions contained in this Terms of Service, you may not access or otherwise use this Site. We reserve the right to alter the Terms of Service at any time without notice to you. Your continued use of this Site following any changes to the Terms of Service constitute your assent to those changes.
This Agreement applies to any transaction or relationship between the parties, including those related to the use of this Site and/or the purchase and sale of merchandise through this Site or by other means, including email and telephone.
By agreeing to these Terms of Service you represent that you are at least the age of majority in your state of residence and can purchase with a credit card or other permitted form of payment.
Order Placement
By placing your order on our Site, you authorize us to charge your credit card for the amount calculated during your order, or as modified by us for the reasons stated below, or as a result of your personal request. We will review the information you provided for validity. Please note that there may be certain orders that we are unable to accept, either in full or in part, and must cancel or modify. We reserve the right, at our sole discretion, to refuse, cancel or modify any order for any reason.
Some situations that may result in your order being canceled or modified include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; address inaccuracies; or problems identified with credit or fraud. We may also require additional verifications or information before accepting any order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by distributors, resellers, or dealers. We reserve the right to limit, modify, or prohibit orders that, in our sole discretion, abuse our discount or subscription offers for purposes not intended by the seller. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled by us after your credit card has been charged, we will issue a credit to your credit card in the amount charged. We maintain the right to limit an order quantity and the right to refuse to sell to any customer for any reason or no reason at all.
By placing your order on this Site, you agree to provide true and accurate information to us. We reserve the right to terminate access to the Site of anyone suspected to have entered false or misleading information during the registration process.
Resale
You agree that the Company’s products and Services are not intended for resale without the express written consent of the Company.
Modifications, Errors and Inaccuracies
The price of our products are subject to change without notice.
There may be information on this Site or distributed in connection with the products or Services of this Site that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the Services at any time, without notice to you. Any new services, resources or informational content added to the Site shall fall under the terms of these Terms of Service.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. We are providing this Site and its Services “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, DURABILITY, TITLE, OR NON-INFRINGEMENT.
Indemnification
You agree to indemnify, defend and hold harmless Overland Health LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or relating to your actual or alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Product Statements
The Company’s statements about its products and/or Services have not been evaluated by the Food and Drug Administration (“FDA”). The Company’s products and/or Services are not intended to diagnose, treat, cure or prevent any disease. Read carefully all product packaging prior to use. Do not drink and drive while using the Company’s products. Please drink responsibly and never excessively consume alcohol. Keep out of the reach of children.
The information contained in the Company’s Site is provided for informational purposes only and is not a substitute for consulting a medical professional. Do not use the information available on or through the Site for diagnosing a health problem or disease, or prescribing any medication. These Products are not labeled for sale outside the United States.
Hyperlinks
Certain content, products and Services on this Site may include links to third-party websites. These third-party websites are not affiliated with us and we are not responsible for examining or evaluating the content or accuracy of those websites. By using this Site’s Services, you expressly relieve us of any liability arising from your use of such third-party websites.
Prohibited Uses of this Site
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using this Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by either notifying us that you no longer wish to use our Services, or when you cease using this Site. The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of these Terms of Service for all purposes.
We may terminate any account, at our sole discretion, for any breach of these Terms of Service or for any other reason. You shall remain liable for all amounts due up to and including the date of termination. Under no circumstances shall we be liable to any user or any other party for such termination of an account.
Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
These Terms of Service and any other policies or rules posted on the Site constitute the entire and only Agreement between you and us with respect to the Service and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Site and your use of this Site shall be deemed acceptance of and assent to this Agreement by you.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey.
Contact
Questions about the Terms of Service can be sent to us at info@coastdrink.com.
EFFECTIVE DATE: June 21, 2019