Terms of Website Use and Privacy Policy
Introduction
This page states the “Terms of Use and Privacy Policy” under which you may use our Website (the “Site”). Therefore, please read this page carefully. Your authorization to use the Site is conditioned on your agreement with and acceptance of this Terms of Use and Privacy Policy. By using this Site, you are indicating your acceptance to be bound by this Terms of Use and Privacy Policy and any future revisions thereto. We may revise this Terms of Use and Privacy Policy at any time by updating this posting (at which time we will also update the Effective Date above). Your continued or subsequent use of the Site after such revisions have been made will constitute your acceptance of such revised Terms of Use and Privacy Policy. For this reason, you should visit this page periodically to review this Terms of Use and Privacy Policy. As used in this Terms of Use and Privacy Policy, the terms “Company,” “we,” “us” and “our” refer to One-Touch Drinks, LLC and its subsidiaries and affiliates. To the extent the websites of any third party, our subsidiaries or our affiliates contain terms of use and/or privacy policies that may apply to this Site and are inconsistent with any terms in this Terms of Use and Privacy Policy, the language in this Terms of Use and Privacy Policy shall control for this Site.
Site Content
You acknowledge that the Site contains information, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, sound, images and other material (collectively, the “Content”) that are protected, individually and collectively, by copyright, trademark, patent or other proprietary rights of the Company or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Terms of Use and Privacy Policy or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Terms of Use and Privacy Policy, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree to comply with all laws relating to copyrights, trademarks or patents, in your use of this Site, and to prevent unauthorized copying of the Content. Concerning certain, designated Content, you may make a single copy of the Content, provided that the copy is made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way. You must not delete or alter any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, modify or distribute in any way the Content without obtaining permission of the owner of the copyright or other proprietary right. Your access and use of the Site in accordance with this Terms of Use and Privacy Policy does not give you any right or interest in any Content or other information available on the Site, which at all times shall remain the property of the Company or other owner.
Privacy Policy
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the necessary personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected]
or mailing us at:
One-Touch Drinks
PO Box 11830 Carrollton, TX 75011-8300
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – PAYMENT:
If you choose our online direct payment gateway, Authorize.net, to complete your purchase, it will store your credit card data temporarily. Your transaction data is stored only if it is necessary to complete your purchase. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) protocol. After the purchase is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Authorize.net’s Terms of Service or Privacy Statement at the following link: https://www.authorize.net/about-us/privacy.html
SECTION 5 – THIRD-PARTY SERVICES
In general, third-party providers we use will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions to go through their system.
For these providers, we recommend that you read their privacy policies, so you can understand the way your personal information will be handled by these providers.
Remember that certain providers may be in or have facilities that are located in a different jurisdiction than either you or One-Touch Drinks, LLC. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
GOOGLE ANALYTICS:
Our store uses Google Analytics to help us learn about store visits and the pages being viewed.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
We use cookies to enhance your experience and the performance on our website, we may at times place a small piece of data known as a cookie on your computer or mobile device. A cookie is a text file stored by a web server on a device. The content of a cookie can only be retrieved or read by the server that creates the cookie. The text in a cookie often consists of identifiers, site names, and some numbers or characters. Cookies are unique to the browsers or mobile applications you use. They enable websites to store data such as your preferences or items in your shopping cart so that this information remains accessible when you return to the site.
Like the majority of websites or internet service providers, One-Touch Drinks uses cookies to improve our users’ experience. Session cookies are deleted after each visit, while persistent cookies remain in place across multiple visits. If you do not approve the use of cookies, our website will treat you as a new visitor each time you visit and your preferences will not be stored.
Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are not a minor in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Disclaimers and Limitations on Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. Neither we nor our officers, directors, employees, agents, affiliates or others (collectively, the “providers”), warrant that (i) use of the site will be uninterrupted or error-free; (ii) the information, content, advice or opinions provided on or through the site is accurate, complete, reliable or current; or (iii) the site and its server are free of computer viruses or other harmful mechanisms. If your use of the site or the content results in the need for servicing or replacing equipment or data, we are not responsible for those costs. The site, and your access to it, is provided on an “as is,” “as available” basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, noninfringement, or fitness for a particular purpose. No oral or written information given by us nor any provider shall create any warranty. Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages, or for any loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) that result from your use of or inability to use the site or any linked website. Because the law in some states does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by applicable law. You agree to indemnify and hold harmless the company, and its officers, employees, agents, directors, successors and assigns, from and against all claims, damages, losses, expenses, costs, reasonable attorneys’ fees and liabilities that any of them may sustain arising directly or indirectly out of your use of the site or any information or content contained on the site.
UNSOLICITED “CONTACT US” SUBMISSIONS
We are pleased to hear from our customers and site users and welcome your comments regarding our Company and the Site. If you send us comments, suggestions, ideas, concepts, or other information through the “Contact Us,” form the submissions shall be deemed and shall remain our property. And we may use, copy, display, distribute, adapt, transfer or dispose of submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any submissions.
APPLICABLE LAW
We maintain the Site from our offices within Texas, USA. We make no representation that the Content on the Site is appropriate or available for use in any jurisdiction, and access to them from locations in which such Content is illegal is prohibited. Those who may choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of US export laws and regulations. Any claim relating to the Site or the Content shall be governed by the internal laws of the state of Texas, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the state of Texas.
TERMINATION
This Terms of Use and Privacy Policy is effective until terminated by either party. If you no longer agree to be bound by this Terms of Use and Privacy Policy, you must cease all further use of and access to the Site, and any notification of termination or other rejection of this Terms of Use and Privacy Policy is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
This Terms of Use and Privacy Policy constitutes the entire agreement between us (i.e., you and the Company) and governs your use of and access to the Site. You agree to be bound by this Terms of Use and Privacy Policy, as well as any modifications thereof after we have posted the modified Terms of Use and Privacy Policy on the Site. Our failure to exercise or enforce any right or provision of this Terms of Use and Privacy Policy on any occasion shall not constitute a waiver of such right or provision. If any provision of this Terms of Use and Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of this Terms of Use and Privacy Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or this Terms of Use and Privacy Policy, must be filed within one year after such claim or cause of action arose or be forever barred.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
* A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
* Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
* Your address, telephone number and email address.
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
* A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You should send your notice of copyright infringement concerning the Site to us at the address set forth in the “Contact Us” section of the Site. We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information to contact our Privacy
Compliance Officer at [email protected]
or by mail at: One-Touch Drinks
PO Box 11830 Carrollton, TX 75011-8300