Terms and Conditions of Sales and Service

PLEASE READ THESE TERMS AND CONDITIONS OF SALES AND SERVICE CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

You (“Customer”, “consumer”, “wholesaler”, “retailer”, and “website visitor”) are currently viewing a page of the One-Touch Drinks, LLC. website(s) or related websites (the “Site”) belonging to One-Touch Drinks (OTD), One-Touch Drinks, LLC (OTD) or one of its social network sites, subsidiaries, assignees, parent companies, sister companies, affiliates, associates, or associated marketplaces (collectively the “Service Providers”, “One-Touch Drinks, LLC”, “OTD” and “We”). This Site and any of the services provided by One-Touch Drinks, LLC in connection with business operations and/or Site (the “Services”) are being provided to you expressly subject to these Terms of Use, which govern your use of the Site, Services, purchases you make, products you receive, your relationship with One-Touch Drinks, LLC and/or any disputes you may have. Please read these Terms of Use carefully. By accessing this Site or other Service Provider sites, making a purchase, or using any of our Services you agree to be bound by these Terms of Use, Privacy Policy, Disclaimer, and California Prop 65 Policy. The Site is intended for individuals who are at least 13 years old. 

Services

“Services” under these Terms of Use and Conditions (Terms) include but are not limited to tangible and intangible purchases you make, products you receive, product labeling, product information written and verbal, advice, consulting counseling, and additional services available to you from independent third-party Service Providers accessed through navigation from the Site.

The Service is subject to your compliance with the binding terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer, California Prop 65 WARNING (California Safe Drinking Water and Toxic Enforcement Act of 1986), and Privacy Policy set forth below and the terms and conditions set forth below, including all exhibits hereto and the Information.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, ACCESSING, AND USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, SERVICE, AND SERVICE PROVIDERS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW INCLUDING THE PROVISIONS OF PARAGRAPHS 17 (WARRANTIES), 20 (LIMITATION OF LIABILITY), 21-26 (BINDING ARBITRATION; WAIVER OF CLASS-ACTION RIGHTS; SEVERABILITY), 38 (THIRD PARTY RIGHTS), 49 (MISCELLANEOUS), 50-53 (CALIFORNIA PROPOSITION 65 WARNING (CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986)), DISCLAIMER, PRIVACY POLICY, AND ALL CONTRACT TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SERVICES. OTD MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

These terms and conditions of use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and OTD.

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.

Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Products, Claims, Reviews, and Testimonials
The products, claims, reviews, and testimonials made about products and services on or through this site have not been evaluated by OTD or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site and any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. OTD urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks and to share with your provider any information pertaining to your health and well-being, including the use of supplemental nutrition. You should not stop taking any medication without first consulting your physician.

Shopping
All e-commerce is brought to you by OTD or an operational service provider and Affiliate under this Agreement. Upon receipt of the order, the customer shall verify the contents thereof no later than five business days from receipt and verify any defects and/or faults that might be attributable to OTD, to whom it shall immediately communicate. The customer shall sign the receipt of products to the carrier indicating it is pending inspection. Should the order present defects and/or faults attributable to OTD, it would arrange its remediation. The order will be considered as accepted by the customer after seven days of the receipt, provided OTD has not received any written communication of defects or faults.

You agree that your sole and exclusive remedy and our sole, exclusive, and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Products may be purchased while supplies last. If a Product is listed at an incorrect quantity or price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).

Payment Terms
You acknowledge that OTD reserves the right to charge for any portion of the OTD Services and to change its fees (if any) from time to time at its discretion. Terms of payment are within OTD sole discretion, and unless otherwise agreed to by OTD, payment must be received by OTD prior to OTD acceptance or shipment of an order. Payment for the products will be made by credit card, money order, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by OTD. Invoices are due and payable within the time period noted. OTD may invoice parts of an order separately. Orders are not binding upon OTD until accepted by OTD. Any price quotations given by OTD will be valid for the period stated on the quotation. The Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Our creation or transmission of order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed may require a pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel, or seek the return of any products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.

Shipping Charges and Taxes
Separate charges for shipping and handling will be shown on OTD invoice(s). Unless Customer provides OTD with a valid and correct tax exemption certificate applicable to the product ship-to location prior to OTD acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however, designated, except for OTD franchise taxes and taxes on OTD net income. If applicable, a separate charge for taxes will be shown on the OTD invoice.

Products
OTD policy is one of ongoing product updates and revisions, often on a daily basis. Product descriptions and labeling may have inaccuracies or incorrect nutrition facts, information, and claims. OTD may revise and discontinue products at any time. OTD reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. OTD may source products from different suppliers around the world. We do our best to maintain the accuracy of the information on our website but at times there may be mistakes. If you see a mistake in a product description or label or misrepresentation, please contact us so we can correct the error immediately.

Title and Risk of Loss
The Product will be delivered under retention of title in favor of One-Touch Drinks until full compliance of the payment obligations by the Buyer, such that the Buyer will not acquire the title until its complete fulfillment. The Buyer shall keep the products in good condition and identify them, where appropriate, as One-Touch Drinks property. If the Buyer fails to voluntarily return the Product to One-Touch Drinks, it becomes authorized to enter into the Buyer premises where the Product is located and remove it, bearing the Buyer all the incurred expenses.

Title to products passes from OTD to Customer on shipment from OTD facility. Loss or damage that occurs during shipping by a carrier selected by OTD is OTD ‘ responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).

Warranties and, Disclaimers
THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) OTD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES AND PRODUCTS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES… THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE. THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THAT DEFECTS WILL BE CORRECTED. THAT OUR SITES THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. IN ADDITION TO THE ABOVE, YOU (AND NOT OTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN ADDITION TO THESE TERMS AND CONDITIONS, WHICH MANDATES BINDING ARBITRATION AND WAIVER OF CLASS-ACTION RIGHTS, YOU AGREE TO BE BOUND BY THE ACCEPTANCE OF CONTRACT TERMS CONTAINED ELSEWHERE IN THIS SITE INCLUDING OUR PRIVACY POLICY, DISCLAIMER, AND CALIFORNIA PROPOSITION 65 POLICY.

Contests, Promotions, Sweepstakes, Auctions
From time to time, we or our service providers, suppliers, or Affiliates may conduct promotions on or through OTD or Community Sites, including, but not limited to, auctions, contests, or sweepstakes (“Promotions”). Each Promotion may have Additional Terms, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into this Agreement. It is your responsibility to read and abide by the Additional Terms.

Limitation of Liability
OTD IS NOT LIABLE FOR ANY REASON FOR ANY BARGAINED-FOR EXCHANGE VIOLATION, DAMAGES, MEDICAL EXPENSES, LOSS, SICKNESS, OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITE, SERVICES, SERVICE PROVIDERS PRODUCTS, INFORMATION, PRODUCT LABELS, NUTRITION FACTS, PRODUCT DESCRIPTIONS, FALSE BENEFITS, LINKS, FALSE CHARACTERISTICS, RECOMMENDATIONS, REPRESENTATIVES ADVICE, FALSE STATEMENTS, VIDEOS, OR SUGGESTIONS. OTD WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LEGAL BILLS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY… USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR… LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING… DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE AND OUR SERVICE PROVIDERS ARE NOT LIABLE EVEN IF WE’VE BEEN MISLEADING, NEGLIGENT, DECEPTIVE OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.

Arbitration
Binding arbitration; waiver of class action rights; severability. Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges, or juries. Either You (“Customer”, reseller, wholesaler, consumer, and website visitor) or We (“OTD” including OTD assignees, agents, employees, consultants, independent contractors, officers, parent companies, sister companies, directors, shareholders, subsidiaries, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the “Service Providers”) may require the submission of a Covered Dispute to binding arbitration at any reasonable time. You and OTD, agree that if a Dispute, Claim, disagreement, misunderstanding, or controversy (collectively referred to as Dispute), whether in contract, tort or otherwise, whether pre-existing, present or future and including statutory, common law, intentional tort and equitable claims, arises between you and OTD, upon demand by either you or OTD, the Dispute shall be resolved exclusively and finally by the following binding arbitration process. However, OTD shall not initiate arbitration to collect a debt but reserves the right to arbitrate all other disputes. A “Dispute” is any unresolved disagreement between you and OTD whether or not you have made a purchase. It includes but is not limited to any losses or disagreement relating in any way to OTD, its SITE, Service, Service Providers, products, related services, related purchase, expenses, damages, costs, loss of investments, Certificate of Analysis results (CoA), legal fees, medical fees, advertising, marketing, product country of origin, product nutrition facts and supplement facts panels, product taste, product color, product smell, product consistency, promotions, product descriptions, product testing, product labels, custom product blends, custom packaging, product claims, product quality, product purity, product contamination, laboratory tests and reports, product additives, product mix-ups, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties. It includes claims based on breach of express or implied warranties, broken promises, bargained-for exchange illusory promises, deceptions, misrepresentations, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law and equitable claims. This Arbitration Agreement shall survive the payment or closure of your Account and discontinued use of the Site, Services, and Service Providers. You understand and agree that you and OTD are waiving the right to a jury trial or trial before a judge in a public court. As the sole exception to this Arbitration Agreement, you and OTD retain the right to pursue in small claims court any Dispute that is within that court’s jurisdiction. If either you or OTD fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.

Arbitration Procedure: Severability
Either you or OTD may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. Neither you nor OTD shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in a private attorney general capacity. Each arbitration, including the selection of the arbitrator(s), shall be administered by American Arbitration Association (AAA) ( https://www.adr.org/ ), JAMS ( https://www.jamsadr.com/ ), FORUM ( http://www.adrforum.com/ ), or such other administrator as you and OTD may mutually agree to (AAA, JAMS, NAF or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”). To the extent that there is any variance between the Arbitration Administrator Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other parties to an arbitration proceeding may disclose the existence, content, or the results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed in order to ensure the enforcement of this Arbitration Provision. You and OTD (the “Parties”) agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent, any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of Texas will apply.

You and We each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The Arbitration Administrator, the arbitrators, You and We, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the Arbitration Administrator.

The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and OTD The arbitration shall be conducted in English and held in Denton County, Texas at the location designated by OTD, in person, by telephone, or video conference as determined by agreement of the parties or, in the absence of agreement, by the Arbitrator(s). Discovery will be limited to a timely exchange of documents. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Parties agree to keep confidential the arbitration and any Award rendered by the Arbitrator(s).

Rights Preserved
Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of the Account or any other relationship between you and OTD.

Fees and Expenses of Arbitration
Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration You may file. If the law applicable to this Agreement limits the number of fees and expenses to be paid by You, then no allocation of fees and expenses to You shall exceed this limitation. Unless inconsistent with applicable law, each of Us shall bear the expense of our own attorney, expert, and witness fees, regardless of which of Us prevail in the arbitration.

Applicable Law
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. OTD has separate terms and conditions governing resales.

Equipment
You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.

Indemnification.
You agree to indemnify, defend and hold harmless OTD its Sites, Service, Service Providers, assignees, agents, employees, consultants, independent contractors, officers, directors, shareholders, parent companies, subsidiaries, sister companies, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the “Service Providers”) from and against any and all losses, Disputes, disagreement, bargained-for exchange disputes, misrepresentations, expenses, false statements, medical bills, false characterizations, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to OTD services, related purchase, marketing and advertising, laboratory testing and reports, supplement facts/nutrition facts, marketing, promotions, product descriptions, product labels, product claims, Certificate of Analysis results (CoA), product quality, product purity, product testing, product contamination, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service. It includes claims based on broken promises, incorrect product information or claims, bargained-for exchange illusory promises, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law, equitable claims, express, and implied warranties.

Third-Party Rights
The provisions of paragraph 37 (Indemnification) are for the benefit of OTD and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term, Termination
This Agreement shall commence upon your accessing the Site, Service, or Service Provider. This Agreement may be terminated by OTD without notice at any time for any reason and may be terminated by you upon notice to OTD at any time for any reason. The provisions of paragraphs 17 (Warranties), 20 (Limitation of Liability), 21-26 (Binding arbitration; waiver of class action rights; severability), 31-34 (Copyright, Licenses, Use Restrictions, and Idea Submissions), 37 (Indemnification), 38 (Third Party Rights), 49 (Miscellaneous), 50-53 (Proposition 65), 59-63 (Contract Terms) shall survive any termination of this Agreement.

Return Policy

Customer satisfaction is very important to us and we will do what we can to make it right. If there is a problem with your order, please let us know and we will be happy to provide usage assistance and discuss all the options with you. Please see the full Return Policy here: https://onetouchdrinks.com/shipping-return-policy/

Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between OTD and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in binding arbitration of competent jurisdiction sitting in Denton County, Texas. You hereby waive your right to a jury trial in any action with respect to OTD and the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. OTD failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. OTD may assign its rights and duties under this Agreement to any party at any time without notice to you.

Proposition 65

Prop 65 is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs, and other products. Listed chemicals including lead, cadmium, and products containing even very small amounts of these or any other listed chemical must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:

California Proposition 65 WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov/food

and

California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

If a client uses OTD products for repackaging, private labeling or resells OTD products, it assumes all responsibility in compliance and Proposition 65 Notice requirements for products directly or indirectly sold in California, or placed in commerce for sale in California, and assumes responsibility for providing proper and compliant notice and warning materials to the authorized agents of retailers, as described in California Code of Regulations Title 27 § 25600.2(b) and (c). This must include a notice that the product requires an Internet warning if it will be or may be sold online. 

California Proposition 65 Warning on Finished Products: Clients producing products, whether supplied in retail or bulk packaging, shall be solely responsible to determine if the product contains a listed chemical at a concentration that requires notice and, if so, label the product or its retail packaging with the warning as required. It is the responsibility of the client to verify that finished products comply with these limits and comply with all local laws, including California Proposition 65compliant product labeling and online warnings. Failure to do so can result in significant legal fees and civil penalties.

As a condition of purchasing OTD Products, the client agrees to indemnify and hold harmless OTD and to pay for legal expenses and legal counsel of OTD’ choice necessary to defend any California Proposition 65 Claims arising from client’s failure to provide Proposition 65 notice to a downstream agent, retailer or customer.

Your Guarantees

You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement, and (d) your activities are lawful in any jurisdiction where you use OTD.

Under no circumstances will OTD or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.

Acceptance

By ordering any product from OTD whether by clicking through over the internet, telephone, facsimile, or otherwise, the customer agrees to be bound by these Terms and Conditions, as well as the “Acceptance of Contract Terms” in this agreement.

The following (“Contract Terms”) are terms of a legal agreement between you and OTD By accessing, browsing and/or using onetouchdrinks.com (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site and Services. You are still bound by all of our policies even if you fail to read all of our policies. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by OTD from its offices within the United States. OTD makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program, or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

OTD does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. OTD makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

The information is compiled from a variety of sources (“Information Providers”). Neither OTD nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of OTD or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall OTD or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if OTD or Information Provider has been advised of the possibility of such damages.

Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. OTD and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information. OTD and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. OTD is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of healthcare topics. The information should not be considered complete and should not be used in place of a visit, call, consultation, or advice of your physician or another healthcare provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Should you have any healthcare-related questions, please call or see your physician or another healthcare provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of OTD products on your health.

OTD may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in OTD account information. You may give notice to OTD at any time by letter delivered by certified first-class postage prepaid U.S. mail or overnight courier to the following address:

One-Touch Drinks, LLC
PO BOX 118300 Carrollton, TX 75011-8300
[email protected]
800-560-5062