Terms of service

Hydroviv Terms and Conditions

Effective Date: [February 26, 2025]

Introduction

These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Hydroviv, L.L.C. (“Hydroviv,” “we,” “us,” or “our”) and govern your use of our website, www.hydroviv.com (the “Site”) and your purchase of products via our store (the “Store”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING HYDROVIV’S LIABILITY AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTIONS 9-11.

In some instances, additional or different terms, posted on the Site, apply to your use of certain parts of the Site and/or the Store (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

We may allow you to register for our rewards program on our Site (“Rewards Program”). Please refer to the Rewards Program Terms and Conditions for more information.

By accessing or using any part of the Site or making a purchase via the Store, you agree to be bound by these Terms and consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree to all the terms and conditions, then do not use the Site or make any purchases.

1.   Use of the Site

a.   Content

The Site may contain (i) materials and other items relating to Hydroviv and its Store, including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of Hydroviv, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible. Hydroviv owns the copyright in selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.

b.   Limited License

Your right to use the Site, the Store, and Content is subject to your strict compliance with these Terms and the Additional Terms. Your unauthorized use of the Site, the Store, or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Hydroviv grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Site and the Store, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. As your right to access and use the Site and the Store is personal to you, you may not assign nor transfer your right; any attempt to do so is void. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site, the Store, or any Content; and (ii) may be immediately suspended or terminated for any reason, in Hydroviv’s sole discretion, and without advance notice or liability.

c.   Restrictions

By agreeing to these Terms, you represent that you are at least the age of majority 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.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, the Store, or its Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Store, or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Site, Store, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Store, or any related website for violating any of the prohibited uses.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

d.   Reservation of Rights

All rights not expressly granted to you are reserved by Hydroviv and its licensors and other third parties. No right or license may be construed under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site, Store, or Content for any purpose is prohibited.

2.   Access to the Site and Store

a.   Account Creation

If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us at hello@hydroviv.com of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Site. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

Your use of the Site and Store must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Hydroviv in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site, the Store, or to receive any communications from Hydroviv.

b.   Availability of the Site and Store

The Site and/or the Store may be unavailable from time to time for any reason (for example, for routine maintenance). You understand and acknowledge that, due to circumstances both within and outside of Hydroviv’s control, access to the Site and/or Store may be interrupted or suspended from time to time. Hydroviv shall have the right at any time to change or discontinue any aspect or feature of the Site, and/or Store, including, but not limited to, Content, availability, and equipment needed for access or use.

c.   Suspension or Termination

We reserve the right at any time to modify, suspend, terminate, or discontinue the availability of the Site and/or Store (or any part or content thereof) without notice at any time, for any reason, in Hydroviv’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site and/or Store or upon notice from Hydroviv, all rights granted to you under these Terms will cease immediately discontinue use of the Site and/or Store.

3.   Accuracy, Completeness and Timeliness of Information

Hydroviv will use reasonable efforts to include accurate and current information on the Site and the Store, but there may be occasions when information on the Site and the Store contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Hydroviv reserves the right to correct any errors and to update Site and Store information at any time.

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. Hydroviv disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.

4.   Third-Party Links

Certain content, products, and services available via our Site and Store may include materials from third-parties. Third-party links on the Site or Store may direct you to third-party websites that are not affiliated with us. We are not responsible for third parties or their content, advertisement(s), applications, or websites (“Third-Party Services”). For instance, portions of the Site may be integrated into or linked to Third-Party Services that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Site. This may include the ability to register or sign into our Site or Store using Facebook Connect or other third-party tools, and to post content on third-party websites and services using their plug-ins made available on our Site. Use caution when dealing with third parties and consult their terms of use and privacy policies.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

5.   User Comments, Feedback and Other Submissions

a.   General

Hydroviv may now, or in the future, offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except as described in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

b.   Non–Confidentiality of Your User-Generated Content

Except as otherwise described in the Privacy Policy, or any applicable Additional Terms, you agree that (i) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (ii) to the maximum extent not prohibited by applicable law, Hydroviv does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security and agree that your UGC is submitted at your own risk. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Hydroviv retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Hydroviv’s receipt of your Unsolicited Ideas and Materials is not an admission by Hydroviv of their novelty, priority, or originality, and it does not impair Hydroviv’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

c.   License to Hydroviv of Your UGC

Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant Hydroviv, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Hydroviv to your UGC, you also, as permitted by applicable law, hereby grant to Hydroviv, and agree to grant to Hydroviv, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

d.   Hydroviv’s Exclusive Right to Manage Our Site

Hydroviv may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect users from harmful UGC. Without limitation, we may, but do not commit to do so, address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Site or elsewhere.

e.   Representations and Warranties Related to Your UGC

Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (i) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Hydroviv the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Hydroviv obligation to obtain consent of any third party and without creating any obligation or liability of Hydroviv; (ii) the UGC is accurate; (iii) the UGC does not and, as to Hydroviv’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iv) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

f.   Enforcement

Hydroviv has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Hydroviv’s cost and expense, to which you hereby consent and irrevocably appoint Hydroviv as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

6.   Personal Information

You understand, acknowledge, and agree that your submission of personal information through the Store and the creation of an account may require or involve the submission, use, and dissemination of various personal information including, but not limited to, your phone number, email address, and zip code. When you use the Site or the Store, we may store, process and access Personal Information (as described in our Privacy Policy).

7.   Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or the Store that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or the Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend, or clarify information on the Site, the Store, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, the Store, or on any related website, should be taken to indicate that all information on the Site, the Store, or on any related website has been modified or updated.

8.   Procedure for Alleging Copyright Infringement

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Site that is infringing that you would like removed from our Site, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by emailing us at dmca-complaint@hydroviv.com.

a.   DMCA Notice

Hydroviv asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Hydroviv’s sole discretion, Hydroviv may remove content that may be infringing of another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the DMCA and other applicable law, Hydroviv has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

  1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Site on which the material appears);
  4. your full name, address, telephone number, and email address;
  5. a statement by you that you have 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;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. your electronic or physical signature.

Hydroviv will only respond to DMCA Notices that it receives by mail or email at the addresses below:

By Mail:
Hydroviv, LLC
9399 W. Higgins Rd., Ste 1100,
Rosemont, IL 60018, USA
(Attn: Legal Department/DMCA).

By Email: dmca-complaint@hydroviv.com

It is often difficult to determine if your copyright has been infringed. Hydroviv may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Hydroviv may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Hydroviv’s other rights, Hydroviv may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Hydroviv.

b.   Counter-Notification

If access on the Site to a work that you submitted to Hydroviv is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  1. a legend or subject line that says: “DMCA Counter-Notification”;
  2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Site from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  1. your full name, address, telephone number, email address, and the username of your account;
  2. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  3. your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

9.   Arbitration and Dispute Terms

a.   Forum

Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Site, the Store, the Messaging Services (as defined in Section 13), the Content, your UGC, these Terms, the Mobile Terms (as defined in Section 13), or any applicable Additional Terms, (collectively, “Dispute”) shall be in Chicago, Illinois. Each party submits to personal jurisdiction and venue in Chicago, Illinois, for any and all purposes.

b.   Pre-Arbitration Notification

Hydroviv and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Hydroviv need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Hydroviv – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Hydroviv is making a claim, the letter shall be sent, via email, to the email address on file, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to 6001 S. 35th St., Suite D, McAllen, TX 78503, USA (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or Hydroviv, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 9(d)) before the expiration of this sixty (60)-day period.

c.   Arbitration of Claims

You and we each agree that all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis, except as provided below in the case of a Mass Filing (as defined below in Section 9(i)). The arbitrator’s authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. THIS MEANS THAT NEITHER OF US WILL HAVE THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THESE TERMS, THE MOBILE TERMS, AND ANY DISPUTES ARISING RELATED THERETO BETWEEN US, AND THAT ANY ARBITRATION PROCEEDINGS WILL BE LIMITED TO THE CLAIMS BETWEEN YOU AND US. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION. This arbitration provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, this arbitration provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. This arbitration provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross­claims, and third-party claims, and claims based upon torts, statutes, regulations, common law, and equity; provided, however, that notwithstanding anything to the contrary in this arbitration provision any dispute over the validity, enforceability or scope of this arbitration provision shall be decided by a court, not an arbitrator and Hydroviv may seek injunctive relief from a court to prevent or stop a misuse of its intellectual property or confidential information. You or we may commence an arbitration proceeding by following the rules then in effect for the American Arbitration Association (“AAA”). For a copy of the rules, to file a claim or for other information, contact AAA (adr.org (800) 778-7879). In addition to AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (“FAA”), provided that any such organization and arbitrator(s) will enforce the terms of this arbitration provision. This arbitration provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and these Terms, these Terms shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality. You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration. In a dispute involving $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions from the parties, or in person according to the AAA rules. If there is an in-person arbitration hearing, it shall take place in the federal judicial district that is closest to your residence. This arbitration provision shall survive termination of these Terms and any bankruptcy by you or us. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision; provided, however; that the entire arbitration provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable. If a court decides that the entirety of this arbitration provision is invalid or unenforceable, the remainder of the Terms shall still apply. You may opt out of this agreement to arbitrate by notifying Hydroviv in writing within thirty (30) days of the date that you first became subject to this arbitration provision. To opt out, mail a letter that includes your name, address, and phone number, and states your decision to opt-out of the arbitration provision to: Hydroviv, LLC, Attention: Legal Department – Arbitration Opt-Out, 6001 S. 35th St., Suite D, McAllen, TX 78503, USA.

d.   Limitation on Injunctive Relief

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY HYDROVIV PARTIES (AS DEFINED BELOW IN SECTION 10) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF HYDROVIV PARTIES.

e.   Governing Law

These Terms , the Mobile Terms, and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Hydroviv or by Hydroviv against you pursuant to this Section 9, or otherwise related to the Site, Store, Content, UGC or other Hydroviv products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 9 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Hydroviv agree that we intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 9 can only be amended by mutual agreement. Either party may seek enforcement of this Section 9 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

f.   Class Action Waiver

As permitted by applicable law, both you and Hydroviv waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

g.   Jury Waiver

AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

h.   Small Claims Matters

Notwithstanding the foregoing, either of party may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).

The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Site, the Store, or these Terms

i.   Mass Claims

If, at any time, twenty-five (25) or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against us, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that AAA shall not serve as the arbitration administrator and that instead NAM shall administer any such Mass Filing and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures, including the possibility of procedural consolidation of similar claims for arbitration, based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed.

10.  Disclaimer of Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE AND THE STORE IS AT YOUR SOLE RISK AND THE SITE AND THE STORE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Hydroviv and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Hydroviv Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, Store, Content, , UGC, or other Hydroviv products or services, except as set forth herein.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, HYDROVIV PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HYDROVIV PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HYDROVIV PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HYDROVIV PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HYDROVIV PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HYDROVIV PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

11.  Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY HYDROVIV PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, the Store, Content, UGC or our other Hydroviv products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Hydroviv.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Hydroviv Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HYDROVIV PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND/OR STORE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HYDROVIV IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

12.  Indemnification

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Hydroviv), indemnify, and hold Hydroviv Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Hydroviv Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Site and your activities in connection with the Store; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Store; (v) any information that you provide to us that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Hydroviv Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Hydroviv Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Hydroviv Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Hydroviv Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Hydroviv Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

13.  SMS Text Message Terms 

The Hydroviv mobile message service (the "Messaging Service") is operated by Hydroviv. Your use of the Messaging Service constitutes your agreement to these mobile terms and conditions (“Mobile Terms”), and our Privacy Policy. We may modify or cancel the Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

By signing up for Hydroviv’s Messaging Service, you agree to receive recurring, marketing SMS/text messages from and on behalf of Hydroviv through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.), while promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders) (hereafter both types of messages will collectively be referred to as “Messages”). The number of Messages you receive may vary depending on your interactions with us.

By joining the Messaging Service, you certify that (i) you are the age of majority in the jurisdiction in which you reside; (ii) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number); and (iii) you agree to the practices described in these Mobile Terms and in our Privacy Policy.

You understand that you do not have to sign up for this Messaging Service in order to make any purchases, and your consent is not a condition of any purchase with Hydroviv. Your participation in this Messaging Service is completely voluntary. You consent to the use of electronic record-keeping to document your consent to receive Messages.

We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies, and message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

You may opt-out of the Messaging Service at any time. Text the single keyword command STOP to +1 (877) 834-0105 or click the unsubscribe link (where available) in any Message to unsubscribe. You may receive a one-time opt-out confirmation Message. No further Messages will be sent to your mobile device. If you have subscribed to other Hydroviv mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered Messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Messaging Service with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.

Contact us:

For help, text HELP to +1 (877) 834-0105 or email hello@hydroviv.com.

14.  Terms of Sale

Our Store is hosted on Shopify Inc., which powers our online e-commerce platform and allows us to sell our products and services to you.

a.   Pricing and Product Availability

All prices published in the Store are set by Hydroviv in its sole discretion and we may change our prices from time to time. Certain products or services may be available exclusively online through the Store. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy as described in Section 14(g).

We have made every effort to accurately describe our products or services and display as accurately as possible the colors and images of our products that appear at the Store; however, we do not warrant that such specifications, pricing, or other content on the Store is complete, accurate, reliable, current, or error-free. If a product you purchased or accepted from Hydroviv is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price. Refund, return and shipping terms may be subject to Additional Terms.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

b.   Order Acceptance

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

You can purchase certain products via the Store. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). As permitted by applicable law, we reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

c.   Subscription Terms

Certain products and services available for purchase through the Store require that you purchase the product and/or service on an automatically renewing subscription basis (“Subscription”). The details of the Subscription will be made available to you at the time of purchase. Subscriptions consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. For Subscription-based products and services, your payment device may be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your Subscription. You may cancel a Subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your Subscription. You can learn more about canceling your Subscription by reviewing our Cancellation Policy.

If you enroll to in a recurring Subscription, (i) you must keep a valid payment on file with us to automatically pay for all recurring charges and fees; and (ii) all charges and fees will be billed to the payment method you designate during the setup process ((i) and (ii), collectively, the “Authorized Payment Method”). If you want to designate a different Authorized Payment Method or if there is a change in your Authorized Payment Method, you must update your authorized payment method in the account portal at https://www.hydroviv.com/account/. Hydroviv will continue to charge the Authorized Payment Method for applicable recurring payments until the Subscription is cancelled, and any and all outstanding payments have been paid in full. Unless otherwise indicated, all charges and fees are in U.S. dollars, and all payments will be in U.S. currency.

When you purchase a subscription you will receive repeat deliveries. These are based on the subscription duration and frequency that you select.

Your payment details will be stored securely and you will be charged for each of these deliveries, unless you choose to pay in advance. Some subscriptions may auto-renew at the end of their duration. If you do not want to renew a subscription you can cancel it. If you want to cancel or change your subscription you can do it at any time from the account portal.

Your order confirmation emails have links to your order. You can manage your subscriptions by accessing this order link or from your account page in our site navigation. Subscriptions must be canceled prior to order shipment or refunds are subject to our return policy.

d.   Payment Details

Hydroviv accepts credit and debit cards and you represent and warrant that (i) the credit card or debit card information you provide to Hydroviv and/or our Payment Processor (as defined below) is true, correct, and complete; (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.

You will promptly notify Hydroviv if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).

All credit card, debit card, and other monetary transactions on or through the Store occur through an online payment processing application that is provided by a third-party payment processor, Shopify (“Payment Processor”). Your use of the payment application is subject to Shopify’s Terms of Service, which you should review. By agreeing to Terms or making payments under these Terms, you agree to be bound by the above referenced agreements with our Payment Processor and agree that such agreements may be modified by the Payment Processor from time to time. If our Payment Processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Hydroviv may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Site and/or Store.

You agree to waive all claims against Hydroviv and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of your Store account outside of Hydroviv’s control, regardless of whether such payments are authorized or unauthorized.

e.   Order Cancellations

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.

We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Hydroviv may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.

Otherwise, Orders are not eligible for cancellations by you. If you no longer want to receive your Order, your sole remedy is to return it subject to our return policies in Section 14(g) below.

f.   Shipping Terms

Hydroviv will arrange for shipment of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon Hydroviv’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Hydroviv is not liable for any delays in shipments. Please review our Shipping Policy for additional information.

g.   Refunds and Returns.

Except for any products designated on the Store as final sale or non-returnable, Hydroviv will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs and a mandatory restocking fee, provided (i) such return is made within ninety (90) days of delivery; and (ii) such products are returned in their original conditions. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed upon our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase through the Store. Please review our Refund Policy for additional terms on your returns of any products.

h.   Notice for California Customers

In accordance with California Business and Professions Code Section 17538 et al., Hydroviv’s return and refund policy is available here, the legal name under which Hydroviv conducts business is Hydroviv, LLC, and Hydroviv’s business address is 6001 S. 35th St., Suite D, McAllen, TX 78503.

Pursuant to California Civil Code Section 1789.3, if you have questions, concerns, or complaints regarding the Site and/or Store, please contact Hydroviv, LLC by either (i) calling (800) 952-5210; or (ii) a letter, first class certified mail, to Hydroviv, LLC, Attn: Legal Department, 6001 S. 35th St., Suite D, McAllen, TX 78503.

California residents may resolve any complaint regarding the Site or Store by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929. 

15.  General Provisions

a.   Severability; Interpretation; Assignment

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Hydroviv may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Hydroviv.

b.   Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site and Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

c.   Export Controls

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

d.   Investigations; Cooperation with Law Enforcement; Termination; Survival

As permitted by applicable law, we reserve the right, without limitation, to: (i) investigate any suspected breaches of its Site or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms; (iii) use any information obtained by Hydroviv in accordance with our Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by us to comply with law enforcement requests or legal requirements in accordance our Privacy Policy; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any applicable Additional Terms; and (v) discontinue the Site or Store, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Hydroviv under these Terms or any applicable Additional Terms. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Hydroviv in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

16.  Changes To These Terms

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. You can review the most current version of the Terms at any time at this page. Your continued use of or access to our Site or Store following the posting of any changes to these Terms constitutes acceptance of those changes.

17.  Contact Information

Questions about the Terms should be sent to us at hello@hydroviv.com.