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Terms of Use

TERMS OF USE

The Effective Date of these Terms of Use is May 9, 2018.
These Terms of Use (“Terms”) apply to the web sites, applications, widgets or online
services that are owned or controlled by Crystal Geyser Water Company (“Crystal
Geyser”) and that post a link to these Terms (collectively, the “Sites”, and individually, a
“Site”). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING
THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These
Terms do not apply to any other web site or any offline activities by Crystal Geyser (unless
specifically stated). You agree to these Terms by accessing or using the Sites. IF YOU DO
NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
Please note that certain features or services referenced in these Terms may not be offered
on the Sites at all times.
There may be times when we offer a service or feature that has its own terms and conditions that
apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms
will control to the extent there is a conflict with these Terms, unless the Additional Terms state
otherwise.
ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes
and Arbitration” section below, you agree that all disputes between you and Crystal Geyser
with regard to these Terms and your use of the Sites will be resolved by binding, individual
ARBITRATION and you waive your right to participate in a class action lawsuit or class-
wide arbitration.
THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using
the Sites, you acknowledge that you are at least 18 years old.
TABLE OF CONTENTS
  • OWNERSHIP OF SITE CONTENT
  • YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
  • VIRAL DISTRIBUTION
  • WIDGETS
  • REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
  • VIOLATIONS
  • INFORMATION AND CONTENT YOU SUBMIT
  • UNSOLICITED IDEAS
  • USER INTERACTIONS AND DISPUTES
  • USER CONTENT POLICY
  • MEMBERSHIP & REGISTRATION
  • SWEEPSTAKES, CONTESTS & PROMOTIONS
  • THIRD PARTY LINKS, CONTENT AND APPLICATIONS
  • SOCIAL FEATURES
  • LINKING POLICY
  • MOBILE FEATURES
  • DISCLAIMER OF WARRANTIES
  • LIMITATION OF LIABILITY; WAIVER
  • INDEMNIFICATION
  • TERMINATION
  • LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
  • DISPUTES AND ARBITRATION
  • MISCELLANEOUS
  • OUR RIGHT TO UPDATE THESE TERMS
  • CONTACT INFORMATION

OWNERSHIP OF SITE CONTENT

Unless otherwise explicitly specified by Crystal Geyser, all materials that are included in or are
otherwise a part of the Sites, including past, present and future versions, domain names, source
and object code and the “look and feel” of the Sites (“Site Content”) are owned, controlled or
licensed by Crystal Geyser, its subsidiaries or affiliates, and are protected from unauthorized use,
copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and
treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole
or in part, except with the express permission of Crystal Geyser and as is expressly provided in
these Terms. Any unauthorized use of the Site Content is prohibited.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

Subject to your strict compliance with these Terms and any Additional Terms, Crystal Geyser
grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and
non-transferable license to access, view and download (if downloading is expressly offered by
Crystal Geyser) the Site Content (with the exception of source and object code, other than as
made available to access and use via standard web browsers). When you access or view the Site
Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no
modifications to the Site Content; and (c) not copy or adapt any object code associated with the
Sites or reverse engineer, modify or attempt to discover any source code associated with the Site,
nor allow or assist any third party in doing so. You also agree that you will not, including by use
of any robot, scraper, or other data mining technology or process, frame, mask, extract data or
other materials from, copy or distribute the Site Content (except as may be a result of standard
search engine or Internet browser usage). Except as expressly provided in these Terms, you may
not copy, reproduce, republish, modify, create derivative works of, upload, download, perform,

display, post, transmit, distribute or otherwise use Site Content in any way, without the prior
written permission of a duly authorized Crystal Geyser employee. You agree to abide by any and
all copyright notices, information, or restrictions contained in any part of the Sites. Unauthorized
use of Site Content may be a violation of federal and state laws and could result in civil and
criminal liability.

VIRAL DISTRIBUTION

Crystal Geyser grants you the limited, revocable permission, subject to the restrictions in these
Terms, to share portions of the Site Content with others via the following methods when a Site
feature purposefully makes such sharing available (“Viral Distribution”): (a) sending Site
Content to friends or acquaintances at no charge; or (b) posting and displaying a copy of Site
Content on a personal web site; or (c) posting and displaying a copy of the Site Content on a
third party web site that permits users to post content, so long as the posting is allowed pursuant
to the third party web site’s terms and conditions and policies, and provided that the third party
web site does not charge for access to those materials or associate those materials with products,
services or advertising.
If you engage in Viral Distribution, you agree that you will not post any performance claims
about Crystal Geyser or Crystal Geyser brand (“Crystal Geyser Brand”, including but not
limited to Tejava® and Crystal Geyser®) product. You understand that only Crystal Geyser can
make claims, promises or statements on behalf of Crystal Geyser about its products. You also
agree that you will not imply that you and Crystal Geyser or any Crystal Geyser Brand are
affiliated in any way or that Crystal Geyser approves of your comments.

WIDGETS

The Sites may provide certain content that you may choose to include on your personal web
page, blog, third party web site or social networking profile page, or similar page by pasting the
HTML or other code provided by Crystal Geyser and labeled as embed code (or a similar
identifying label) (“Widget”). Widgets are Site Content and subject to the limited, revocable
license described above. You agree that you will not include or otherwise make available a
Widget on a web page or web site containing content that is distasteful, unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Crystal Geyser’s
sole opinion). As described in the “Disclaimer of Warranties” section of these Terms, Crystal
Geyser makes no specific warranties about Widgets. Crystal Geyser may discontinue providing
the services necessary for the Widgets to operate at any time for any reason without any liability
to you. You agree that our permission to you to use Widgets on your Personal Page does not
provide you (or any third party) with any intellectual property rights in or to the Widget or any
content made available via any Widget. In addition, Crystal Geyser may disable Widgets that
you include on any Personal Page if you violate these Terms (as determined by Crystal Geyser in
its sole discretion) or for any or no reason, without any liability to you. You also agree to not use
(or attempt to use) the Widget to display content other than the content provided or intended by
Crystal Geyser to be displayed via a particular Widget.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Sites for any purpose or in any manner that infringes the rights of any third
party. Crystal Geyser encourages you to report any content on the Sites that you believe infringes
your rights. Only the intellectual property rights owner or person authorized to act on behalf of
the owner can report potentially infringing content. If you have a good faith belief that content
on a Site infringes your copyright, trademark, or other intellectual property rights, please follow
the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Crystal
Geyser has a designated agent for receiving notices of copyright infringement and Crystal
Geyser follows the notice and take down procedures of the DMCA. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide Crystal
Geyser’s copyright agent (whose contact information is set forth below) the following
information required by the Online Copyright Infringement Liability Limitation Act of the
DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the
copyright 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; (c)
identification of the material that is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit us to locate the material; (d) information
reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Site contains content that violates your rights other than
copyrights, please provide Crystal Geyser with at least the following information: (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to
be the subject of infringing activity and information reasonably sufficient to permit us to locate
the material; (c) an explanation of what rights you own/have and why you believe the content
infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact
information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or a complaint
regarding alleged violation of rights other than copyrights to Crystal Geyser’ s copyright agent,
who can be reached as follows:
Mailing Address: 700 Airport Blvd., Suite 495, Burlingame, CA 94010
Phone: 415-616- 9590
Fax: 415-391- 2715
E-mail Address: cgw-marketing@crystalgeyser.com

NOTE: This contact information is for notices or complaints regarding potential copyright and
other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are
repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the
DMCA requirements have been met. We may request additional information before we remove
any infringing material. If a dispute develops as to the correct owner of the rights in question, we
reserve the right to remove your content along with that of the alleged infringer pending
resolution of the matter.
Crystal Geyser will provide you with notice if your materials have been removed based on a
third party complaint of alleged infringement of the third party’s intellectual property rights.

INFORMATION AND CONTENT YOU SUBMIT

The Sites may provide you the opportunity to participate and post content publicly in forums,
through interactive features and through other communication functionality
(collectively, “Community Forums”). You may choose to submit or post via Community
Forums or otherwise images, videos, writings, questions, comments, suggestions or other content
(collectively,“User Content”).
You agree that your User Content will be treated as non-confidential and non-proprietary and
will not be returned. You agree that you either: (i) own the rights to the User Content you submit
and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary
rights and licenses from the owner(s) of these rights to enter into these Terms and grant Crystal
Geyser the license below. Upon Crystal Geyser’s request, you will furnish Crystal Geyser any
documentation, substantiation or releases necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be
aware that submissions of User Content or other information may not be secure, and you should
consider this before submitting any information to Crystal Geyser.
You remain the owner of your User Content, but you acknowledge that Crystal Geyser
must have a license from you in order to accept your User Content. Accordingly, you grant
to Crystal Geyser and its parents, affiliates, subsidiaries, successors in interest, licensees,
and assigns, and each of their officers, directors, shareholders, agents, representatives and
employees (each a “Crystal Geyser Party” and, collectively, the “Crystal Geyser Parties”)
an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license
(but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store
or otherwise exploit all or any portion of your User Content for any purpose whatsoever in
all formats, on or through any media, technology or device now known or hereafter
developed.

You further agree that Crystal Geyser is free to use any ideas or concepts contained in any User
Content for any purposes whatsoever, including, without limitation, developing, manufacturing
and marketing products and services; and creating informational articles, without any payment of
any kind to you. You authorize Crystal Geyser to publish your User Content in a searchable
format that may be accessed by users of the Sites and the Internet. Except as prohibited by law,
you waive any moral rights you may have in any User Content you submit, even if such User
Content is altered or changed in a manner not agreeable to you.
You agree that Crystal Geyser has no obligation to monitor or enforce your intellectual property
rights to your User Content but has the right to protect and enforce its and its licensees’ rights to
your User Content. You further acknowledge and agree that Crystal Geyser will not have any
obligation to you with regard to User Content and that Crystal Geyser may or may not monitor,
display or accept your User Content and may delete it at any time.
Unsolicited Ideas. Please do not send unsolicited User Content to the Sites or any Crystal
Geyser Party. Crystal Geyser does not accept unsolicited User Content, including, without
limitation, for products, services, websites or features. We wish to avoid any misunderstandings
when projects developed by or on behalf of Crystal Geyser may seem to others to be similar to
their own creative ideas or materials. Therefore, please do not make any such unsolicited User
Content to Crystal Geyser through the Sites, including Community Forums, by e-mail, or
otherwise. However, if you decide to make any such unsolicited Submission, you agree to grant
to Crystal Geyser the right and license to your Submission as set forth in the
Section “Information and Content You Submit” above.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Sites, whether online or
offline. We are not responsible or liable for the conduct of any user. We reserve the right, but
have no obligation, to monitor or become involved in disputes between you and other users.
Exercise common sense and your best judgment in your interactions with others, when you
submit or post any personal or other information, and in all other online activities.

USER CONTENT POLICY

When you contribute, upload or otherwise provide User Content to the Sites, you agree to
comply with the following requirements:

  • User Content must be your own. All User Content must be created and owned by you or in the public domain; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere. Upon Crystal Geyser’s request, you will furnish Crystal Geyser any documentation, substantiation or releases necessary to verify your compliance with these Terms.
  • No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know and that you have their express permission to post it.
  • No third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use or submit any User Content that belongs to another person without that person’s permission (e.g., including uploading content found elsewhere on the Internet).
  • No music please. Your User Content may not contain any music unless you wrote and perform it or you have all rights to the work, including any performances. No jingles, sampling, or otherwise, using existing music.
  • Keep User Content relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion on the Sites – it should not include irrelevant topics or postings.
  • Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are that it will – so it does not belong on the Sites.
  • Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
  • No User Content that is violent, illegal or inappropriate. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload or post User Content that are illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate, in our sole discretion, including reporting you to law enforcement.
  • Represent yourself truthfully. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person, Crystal Geyser or any other company.
  • Keep private information private. Remember that Community Forums are public and User Content will be accessible and viewable by other users. Do not post personal information about yourself or any other person (for example, never reveal passwords, phone numbers, street addresses, credit card numbers, e-mail address, or any information that may be used to track, contact, or impersonate an individual, or which is personal in nature). If there is something you do not want the world to see, do not post it on the Sites.
  • Use caution when interacting with others. You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
  • Don’t damage the Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

MEMBERSHIP & REGISTRATION

Certain areas of the Sites may require registration or may otherwise ask or require you to provide
information to participate. When you choose to provide information to the Sites, you agree to
provide only true, accurate, current and complete information.
If you register with us, you agree to be responsible for any activities that occur under your
account or password, and you agree you will not sell or otherwise transfer your membership or
any membership rights. Crystal Geyser reserves the right to terminate your account or otherwise
deny you access in its sole discretion without notice and without liability.
You must keep your password secret and not give it to anyone else or let them use your account.
You must not use anyone else’s password or account. You must inform us immediately if you
suspect any unauthorized use of or access to your password or account. We will not be
responsible if you suffer any harm or loss because you do not keep your password secret, if you
let someone else use your account, if you use someone else’s password or account, or if you
become aware of or suspect unauthorized use of your password or account but do not tell us
promptly.
You agree that you will be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed to access and use the Sites. You also agree to comply with
all rules, laws and regulations that are applicable to your use of the Sites, including, without
limitation, those governing your transmission or use of any software or data. By providing us
with your contact information, you agree and consent to receive communications from us at such
contact information. You understand that you do not have to consent to receive text messages in
order to purchase any product or service, but that if you provide your mobile phone number, you
consent and agree to receive text messages sent by us or our third-party service providers, which
may be sent using an automated telephone dialing system, and that message and data rates may
apply.

SWEEPSTAKES, CONTESTS & PROMOTIONS

The Sites may contain or offer sweepstakes, contests, or other promotions, which may be
governed by a separate set of official rules and have eligibility requirements, such as certain age
or geographic area restrictions. It is your responsibility to read the applicable rules to determine
whether or not your participation, registration or entry will be valid or restricted and to determine
the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or
promotion.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

The Sites may provide links to certain web sites, services, and features provided by third parties
(including third party stores selling products made by a Crystal Geyser Brand). The Sites also
may include third party content that we do not control, maintain or endorse. We do not control
any of these third party sites or any of their content. Accordingly, you expressly acknowledge
and agree that we are not responsible or liable for your use of any third party sites or online
features. Your use of such services is subject to the terms and conditions established by such
third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD
PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE
PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS,
CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY
SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
SOCIAL FEATURES
You may choose, at your sole and absolute discretion and risk, to use applications that enable
interactions between the Sites and a third-party website or online service (each,
an “Application”), such as linking your profile on any of the Sites with a third-party website or
enabling you to “like” a product on the Sites or “share” content to other web sites. Such
Application may interact with, connect to or gather and/or pull information from and to your Site
profile. By using such Applications, you acknowledge and agree to the following: (i) if you use
an Application to share information relating to your Site accounts, you are consenting to the
information about your account being shared; (ii) your use of an Application may cause
personally identifying information to be publicly disclosed and/or associated with you, even if
Crystal Geyser has not provided such information; and (iii) your use of an Application is at your
own option and risk, and you will hold Crystal Geyser harmless for the sharing of information
relating to your Site accounts that results from your use of an Application. You must read all log-
in boxes and other pop-up boxes closely for notices about sharing your account information with,
through or by any other means identified on an Application.

LINKING POLICY

Crystal Geyser grants you the revocable permission to link to the Sites; provided, however, that
any link to the Sites: (a) must not frame or create a browser or border environment around any of
the content on the Sites or otherwise mirror any part of the Sites; (b) must not create the false
impression that Crystal Geyser, any Crystal Geyser Brand, or the Site you link to is endorsing or
sponsoring any third party or its products or services, unless Crystal Geyser has given the third
party prior written consent; (c) must not present false information about, or disparage, tarnish, or
otherwise, in Crystal Geyser’s sole opinion, harm Crystal Geyser or its products or services; (d)
must not use any Crystal Geyser trademarks without the prior written permission from Crystal
Geyser; (e) must not contain content that could be construed as distasteful, offensive or
controversial or otherwise objectionable (in Crystal Geyser’s sole opinion); and (f) must be
owned and controlled by you or the person or entity placing the link, or otherwise permit you to
enable such link subject to these Terms. By linking to the Sites, you agree that you do and will
continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Crystal Geyser reserves the
right to prohibit linking to the Sites for any reason in our sole and absolute discretion.

MOBILE FEATURES

The Sites may offer features and services that are available to you via your mobile phone or
other mobile device. These features and services may include, without limitation, the ability to
view Site Content, upload content to the Sites, receive SMS or MMS messages from the Sites,
download applications to your mobile phone or access other content (collectively, the“Mobile
Features”). We may charge for Mobile Features and these charges will be disclosed prior to
completion of registration for the Mobile Feature. Also, standard messaging, data and other fees
may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted
from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and
certain Mobile Features may be incompatible with your carrier or mobile device. Contact your
carrier with questions regarding these issues. As applicable, instructions regarding how to opt-
out of Mobile Features will be disclosed in connection with Mobile Features.
You agree that the Mobile Features for which you are registered may send communications to
your mobile device regarding Crystal Geyser or a Crystal Geyser Brand or product for which you
signed up. If you have registered for Mobile Features, you agree to notify Crystal Geyser of any
changes to your mobile number and update your account(s) on the Sites to reflect this change.

DISCLAIMER OF WARRANTIES

THE SITES (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, IS PROVIDED
ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRSS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE CRYSTAL GEYSER PARTIES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE CRYSTAL GEYSER
PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS
LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CRYSTAL GEYSER
PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE CRYSTAL GEYSER PARTIES DO NOT
WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED,
OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL
COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CRYSTAL
GEYSER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT
THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE,
COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT

YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE,
AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO
OPINION, ADVICE, OR STATEMENT OF ANY CRYSTAL GEYSER PARTY, WHETHER
MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH
THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND
YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE
JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE CRYSTAL GEYSER
PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE,
INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE
SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY
DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR
ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR
OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR
CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON
OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE,
INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS
THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A
POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO
THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE
INTEGRITY OF THE SITE, THE CRYSTAL GEYSER PARTIES MAKE NO GUARANTEES
AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE CRYSTAL GEYSER PARTIES BE LIABLE TO
YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING
OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE
(INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C)
YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CRYSTAL
GEYSER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE
OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN
THE SITE’S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER’S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR
FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,

INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CRYSTAL GEYSER
PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT
WILL THE CRYSTAL GEYSER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR
LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR
PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS
TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM
AGGREGATE LIABILITY OF THE CRYSTAL GEYSER PARTIES FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS
($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR
INJURIES THAT ARISE OUT OF CRYSTAL GEYSER’S ACTS OR OMISSIONS, THE
DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO
ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE SITES
OR ANY CRYSTAL GEYSER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER
SITE CONTENT OWNED OR CONTROLLED BY THE CRYSTAL GEYSER PARTIES,
AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT,
PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF
THE SITE OR ANY CRYSTAL GEYSER WEB SITE, PROPERTY, PRODUCT, SERVICE,
OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE CRYSTAL GEYSER
PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE,
THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNIFICATION

You agree to indemnify, defend, and hold harmless each of the Crystal Geyser Parties from and
against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments,
settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are
otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms
or any Additional Terms; (b) your use of the Sites or activities in connection with the Sites; (c)
your User Content; and your use of Viral Distribution, Widgets, and Applications; (d) your
violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and
quasi-governmental authorities, including, without limitation, all regulatory, administrative and
legislative authorities; (e) information or material transmitted through your computer, even if not
submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade
secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
(f) any misrepresentation made by you; or (g) the Crystal Geyser Parties’ use of your information
as permitted under these Terms, the Privacy Policy, or any other written agreement between you
and Crystal Geyser. You will cooperate as fully required by the Crystal Geyser Parties in the
defense of any claim. The Crystal Geyser Parties reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and you will not
in any event settle any claim without the prior written consent of a duly authorized employee of
the Crystal Geyser Parties.

TERMINATION

In its sole discretion, Crystal Geyser reserves the right to terminate, suspend, or block your
access to and use of the Sites, without notice and liability, for any reason, including, without
limitation, if Crystal Geyser believes your conduct fails to conform with these Terms. Crystal
Geyser also reserves the right to investigate suspected violations of these Terms, including,
without limitation, any violation arising from any e-mails you send to the Sites or Crystal
Geyser. Any violation of these Terms may be referred to law enforcement authorities. Any
provision of these Terms, which by its terms, ought to survive, shall survive any termination of
these Terms.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Sites are presented solely for, and any coupons, promotions and
programs are offered only to, residents of United States of America, the U.S. Virgin Islands,
Puerto Rico and Guam.
The information provided on the Sites is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject Crystal Geyser to any registration requirement within such
jurisdiction or country. Crystal Geyser controls and operates the Sites from offices located in the
United States and makes no representations or warranties that the information, products or
services contained on the Sites are appropriate for use or access in other locations. Anyone using
or accessing the Sites from other locations does so on their own initiative and is responsible for
compliance with United States’ and local laws regarding online conduct and acceptable content,
if and to the extent such laws are applicable. We reserve the right to limit the availability of the
Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and

in our sole discretion, and to limit the quantities of any content, program, product, service or
other feature that we provide, and to offer different products or prices based on geographic area.
Software related to or made available by the Sites may be subject to United States export
controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into
(or to a national or resident of) any country to which the United States has embargoed goods; or
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to
the Sites, you represent and warrant that you are not located in, under the control of, or a national
or resident of, any such country or on any such list.

DISPUTES AND ARBITRATION

Any dispute you have with Crystal Geyser should be submitted to Crystal Geyser’s Marketing
Department within thirty days of the event giving rise to the dispute. The Marketing Department
can be contacted via postal mail at: 700 Airport Blvd., Suite 495, Burlingame, CA 94010,
Attention: Marketing Department; via email at: cgw-marketing@crystalgeyser.com. Please allow
at least thirty (30) days for Crystal Geyser to address your complaint prior to taking further
action.
Except for disputes relating to the infringement of your or Crystal Geyser’s intellectual property
(such as trademarks, trade dress, copyright and patents) or where you or Crystal Geyser are
seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between
you and Crystal Geyser (whether or not such dispute involves a third party) with regard to these
Terms, your use of the Sites, your purchase of any Crystal Geyser Brand product, or any Crystal
Geyser Brand advertisement or promotion, will be resolved by binding, individual arbitration
under the American Arbitration Association’s rules for arbitration of consumer-related disputes
and you hereby expressly waive trial by jury. Neither you nor Crystal Geyser will participate in a
class action or class-wide arbitration for any claims covered by this agreement.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where
consistent, California law. The arbitration will be conducted in San Francisco County, California,
in the English language by three arbitrators appointed in accordance with the American
Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling
or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then
either Crystal Geyser or you can elect to have the arbitration administered instead by the Judicial
Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if
available, can be used for claims of less than $10,000. Crystal Geyser will pay the costs for
arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful.
In all other cases, you will bear 50% of the cost of any arbitration and you alone will be
responsible for your attorney’s fees. Judgment on the award rendered by the arbitrators may be
entered in any court having competent jurisdiction. Any provision of applicable law
notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES)
OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER
SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING
TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS
CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF
OTHERWISE APPLICABLE, SHALL NOT APPLY.
You agree that any action at law or in equity relating to the arbitration provision of these Terms
or the Excluded Disputes will be filed only in the state or federal courts located in San Francisco
County, California and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action.
If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a
court of competent jurisdiction or during an arbitration per the arbitration terms above, then that
provision will be deemed severable from these Terms and will not affect the validity and
enforceability of any remaining provisions. Crystal Geyser reserves the right to change this
dispute resolution provision, but any such changes will not apply to disputes arising before the
effective date of the amendment. This dispute resolution provision will survive the termination of
any or all of your transactions with Crystal Geyser.

MISCELLANEOUS

The failure of Crystal Geyser to insist upon or enforce strict performance of any provision of
these Terms or to act with respect to a breach of these Terms by you or others does not constitute
a waiver and will not limit Crystal Geyser’s rights with respect to such breach or any subsequent
breaches. No waiver by Crystal Geyser of any of these Terms will be of any force or effect
unless made in writing and signed by a duly authorized office of Crystal Geyser, nor will such a
waiver be deemed a further or continuing waiver of such term or condition or any other term or
condition. Neither the course of conduct between the parties nor trade practice will act to modify
these Terms. Crystal Geyser may assign its rights and duties under these Terms to any party at
any time without any notice to you. However, you may not assign, transfer, or sublicense these
Terms except with the prior written consent of Crystal Geyser. Headings and paragraph or
section titles are inserted only as a matter of convenience and do not, and shall not be used to,
explain any paragraph or provision. You agree that these Terms will not be construed against
Crystal Geyser by virtue of Crystal Geyser having drafted these Terms.

OUR RIGHT TO UPDATE THESE TERMS

Crystal Geyser reserves the right to modify or add to these Terms at any time without prior
notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting
them on the Sites so that they are accessible via a link on the home page, and that your use of the
Sites after we have posted the Updated Terms (or engaging in such other conduct as we may
reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should
review these Terms before using the Sites. The Updated Terms will be effective as of the time of
posting, or such later date as may be specified in the Updated Terms, and will apply to your use
of the Sites from that point forward.

CONTACT INFORMATION


You may contact us by clicking “Contact Us” or a similar link on a Site or using other contact
information provided on a Site.