Terms of service

Terms & Conditions

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OROTHERWISE USING THIS WEBSITE OR ANY OTHER Släcka WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Släcka.

This website located at www.drinkslacka.com (the “Website”) is owned and operated by Släcka LLC (USA) and its affiliates(collectively “Släcka” or “we”). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Släcka, and governs your access to and use of any Släcka Website, any order you place through a Släcka website and your use or attempted use of our products and services (collectively, “You rUse”).

By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Eligibility

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.

Automatic Renewal Terms

If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is canceled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same corresponding amount.

If you are a member of our automatic renewal program and you have provided us with a valid credit card number or an alternate payment method, each shipment will be automatically processed at the time of each successive shipment or installment and will be billed to the payment method you provided to us at the time of your initial purchase and enrollment. If you wish to cancel your participation in our automatic renewal program, you may do so by calling a customer service representative at the telephone numbers listed on the website under customer service/contact or email us at hello@drinkslacka.com. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid. Changes to such information can be made by emailing a customer service representative at hello@drinkslacka.com.

Return/Refund Policy

You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also email Customer Service at hello@drinkslacka.com for assistance.

User-Generated Content

Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through software tools) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Släcka a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Släcka and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Släcka is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Släcka has the right, but not the obligation, to monitor and edit or remove any activity or content. Släcka takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts,servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;

(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Släcka trademark, logo, or other proprietary information(including the images found on the Website, the content of any text, or the layout/design of any page or form contained on aWebsite page) without Släcka’express written consent;

(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

(f) not to use meta tags or any other “hidden text” utilizing an Släcka name, trademark, or product name without Släcka’sexpress written consent;

(g )not to deep link to the Website without Släcka’express written consent;

(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself touse your account to access the Website;

(i) not use the Website to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene,profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree notto post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Släcka, including that any product submission you may make to Släckawill not be held in confidence by Släcka and is not proprietary, that Släcka may use the product submission and any aspect thereof for any purposes in Släcka’s sole discretion; and

(m) to comply with all applicable laws regarding your use of the Website.

Protection of Intellectual Property Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics,software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Släck’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Links to Other Websites That Släcka Does Not Control

The Website may provide links to other websites or resources, including advertisers, over which Släcka has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Släcka of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Släcka makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Släcka has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Purchasing Items from Us

Product Representations. Släcka reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. Släcka takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Släcka does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website.

Släcka’s descriptions of, or references to, products not owned by Släcka do not imply endorsement of that product, or constitute a warranty by Släcka.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance

If you order a product, payment must be received by Släcka prior to Släcka’s acceptance of the order. Släcka may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment.

Släcka only accepts orders for personal use. You cannot resell items offered on the Website. If Släcka discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Släcka will also report you to federal, state and/or local enforcements authorities.

Shipping and Risk of Loss

Släcka will add applicable shipping and handling fees to your order. Unless otherwise noted, Släcka will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Släcka may provide delivery or shipment time frames or dates, you understand that those are Släcka’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Släcka will use reasonable good faith efforts to contact you. If Släcka cannot contact you or you no longer wish to receive the item, Släcka will cancel the order and promptly refund the amount tendered. Släcka may reject orders where the stated delivery address is outside the United States.

Sales Tax

In the United States, Släcka is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise.

Släcka is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information

In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide.

Släcka shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Släcka, or for any other reason that we, in our sole discretion, deem appropriate.

Electronic Communications, Signatures and Agreements

The information communicated on the Website constitutes an electronic communication. When you communicate with Släcka through the Website or via other forms of electronic media, such as email, you are communicating with Släcka electronically.You agree that Släcka may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Släcka provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Släcka or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “I AGREE” or such similar links as may be designated by Släcka, you are submitting a legally binding electronic signature and are entering into a legally binding contract.

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the“E-Sign Act”) or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the website or services offered by Släcka.

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with Släcka

To the extent permissible by applicable law, you acknowledge that telephone calls to or from Släcka are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Släcka, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Släcka. You acknowledge that by voluntarily providing your telephone numbers to Släcka, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive emails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Släcka relating to this Agreement, any purchase or transaction with Släcka, matters related to your account (including debt collection), and promotions regarding Släcka products. These communications may be made by or on behalf of Släcka, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Släcka will not be responsible for these charges.

Släcka may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing.

You agree to provide Släcka notice within 30 days of any change to your contact information by emailing Släcka Customer Service at hello@drinkslacka.com.

Your consent to this communications provision is not required to make any purchase with Släcka.

Limitation on Släcka’s Liability

Except where otherwise inapplicable or prohibited by law, you expressly understand and agree that under no circumstances will Släcka, its suppliers, parents, subsidiaries, representatives, affiliates, agents or other representatives be liable for indirect, special, incidental, or consequential damages.

This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages.

This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the website; (2) the use of, or the inability to use, items purchased on the website; or (3) the cost of procurement of substitute services or items.

Because some jurisdictions (including, without limitation, the state of New Jersey) prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

Except where otherwise inapplicable or prohibited by law, you agree to indemnify and hold harmless Släcka, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability,losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.

Termination of Website

Släcka may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if Släcka reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination,you will not be permitted to use the Website and Släcka may, in our discretion, cancel any outstanding orders for the product.

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.

Trademark Notices

Släcka® is a trademark of Släcka, LLC. All other trademarks and service marks displayed on the Website are the property of Släcka or their respective owners. You may not use or display any trademarks or service marks owned by Släcka without Släcka’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

Copyright Policy

It is Släcka’s policy to respect the copyright and intellectual property rights of others. Släcka may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Släcka may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Släcka complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Släcka’s Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

A description of the copyrighted work that you claim has been infringed.

A description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow Släcka to locate the material.

Your address, telephone number, and e-mail address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 2. 3. 4. 5. 6. 1.

Other Important Terms

Släcka may assign, transfer, or subcontract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.

You acknowledge and understand that if Släcka is unable to provide the products as a result of an event outside of its control, Släcka will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Släcka. No delay by Släcka in exercising any right or remedy under theseTerms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Släcka’ability to subsequently exercise that right or remedy.

These Terms of Use and Conditions of Purchase constitute the entire agreement between you and Släcka relating to the subject matter herein. Any waiver must be agreed to by Släcka in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

Contact Us

Questions about this Terms of Use should be sent to us at hello@drinkslacka.com

† These statements have not been evaluated by the Food and Drug Administration. The Släcka program, products and services are intended only for maintaining and encouraging a healthy lifestyle and are not to be used for diagnosis, cure, management, preventions, or treatment of any disease or condition. Information on this site is provided for informational purposes only. It is not meant to substitute for medical advice from your physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing

any medication. Carefully read all product documentation. If you have or suspect that you have a medical problem, promptly contact your regular healthcare provider.