Hallstein Terms and Conditions

ALPINE WATER U.S.A. LLC

TERMS OF SERVICE

Last updated: August 26, 2014

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Welcome to www.HallsteinWater.com (the “Site”), a website owned and operated by Alpine Water U.S.A. LLC, a Delaware limited liability company (“Alpine”, “we”, “us”, or “our”). Through the Site you may order and purchase 5-Gallon jugs of water, bottled in Austria and shipped to a location(s) of your choosing (the “Service”). These Terms of Service (the “Terms”) set forth the legally binding terms and conditions applicable to all visitors of the Site, users of the Site and to all users, registered or otherwise, of the Service (collectively, “visitors”, “users”, or “you”).
Your access and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms below.

License and Site Access

We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Alpine. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alpine. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Alpine. Any unauthorized use terminates the permission or license granted by Alpine.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Alpine, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Alpine logo or other proprietary graphic or trademark as part of the link without our express written permission.

Copyright and Trademarks

The Site and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Service including all associated intellectual property rights, are the exclusive property of Alpine and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.

All trademarks, service marks, logos, trade names and any other proprietary designations of Alpine used herein are trademarks or registered trademarks of Alpine. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Registration; Subscription and Cancellation

To use the Service, you must register, create a username and password (an “Account”) and pay the fees that are set out in our price list. The price list is part of these Terms and we reserve the right at any time, to change any fees or charges for using the Service. When and if you register for an Account, you agree to provide accurate, current and complete information about yourself and to maintain and update your information to keep it current and complete.

- Username and Password. Access to the Service is accomplished through your registration for an Account. You are solely responsible for any authorized or unauthorized access to your Account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from the use of the Service with your password. You agree to notify Alpine promptly of any unauthorized use of your password and you will remain liable for any use of the Service until you notify us.

- Account. You are responsible for, and agree to pay promptly, all charges to your Account, including applicable taxes, surcharges, bottle deposits and purchases by you or anyone you allow to use your Account to access the Service. You agree to accept responsibility for keeping all your Account information current, including address, payment information, telephone number and email address. You can update your information in the relevant section in the Site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your Account and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site.

- Payment Processor. We use a third-party payment processor, Stripe, to process payments from your use and payment for our Service. We do not control the collection of information by Stripe. Please consult Stripe’s privacy policy and terms of service by clicking here https://stripe.com/us/terms. If you prefer to pay via ACH or wire please contact us at contact [at] hallsteinwater [dot] com.

- Subscription. To use the Service, you must commit to a minimum of six (6) months (the “Subscription Period”) and specify the number of bottles you would like shipped per month. You may cancel the Service following the first six (6) months of the Subscription Period. Additionally, the Service allows users to choose multiple shipping addresses to multiple locations through the use of one Account. Prices for the Service are subject to change at any time on thirty (30) days notice.

- Shipping. Alpine will facilitate shipments during the Subscription Period. Please note, for orders outside of the northeast seaboard of the United States there will be an extra surcharge for shipping of $25 per unit shipped, which may be subject to change. The surcharge will vary depending upon the location of the order. Please contact Alpine at the following address for all shipping inquiries: contact [at] hallsteinwater [dot] com.

- Recurring Billing. When you use the Service for the Subscription Period, you will incur a monthly charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Alpine may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in accordance with our cancelation policy) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Alpine reasonably could act to terminate your authorization or change your payment method, go to account settings. Alpine may, at its sole discretion, modifying the pricing for its services upon two (2) month notice.

- Cancellation. To cancel the Service, you must provide three (3) months notice to Alpine. Your Subscription shall end after such three (3) month period, during which you will continue to be billed on a monthly basis.

Use of the Site

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Alpine agrees to keep your information strictly confidential, and shall not share, disclose, rent, lease or otherwise release your information unless legally compelled to do so.

We do sell products for children, but sell them to adults, who can purchase with a credit card. If you are under 18, you may use the Site only with the involvement of a parent or guardian. Alpine and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Alpine does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States patents or copyrights. If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Alpine or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Alpine will fully cooperate with any law enforcement authorities or court order requesting or directing Alpine to disclose the identity of anyone posting such materials.

Descriptions of Products and Services

The Site refers to products and/or services that are generally available for purchase in the continental United States and foreign countries but either may not be available in your particular locality or may be available at a different price point, based on your particular location and Alpine’s ability and cost to ship there. The reference to any such products or services in the Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check the applicable section on the Site for specific product/service availability in your locality. We do not warrant that the descriptions or other content of this site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the Site are subject to change at any time without notice.

Revisions

Alpine may at any time revise these Terms by updating this posting.

Governing Law

These Terms, and any dispute between you and Alpine, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Integration and Severability

These Terms apply to all current features and to new features that are added to the existing Service. These Terms are the entire agreement between you and Alpine with respect to the Service and use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Alpine (including, but not limited to, any prior versions of the Terms).

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of Alpine to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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