AURA RAINWATER TERMS OF USE

Please read these terms and conditions before using this Service. By continuing to use the Site, you
agree to the Terms of Use.

1. INTRODUCTION
Welcome to Aura Rainwater’s website, www.aurarainwater.com  (the “Site”). Aura Rainwater, Inc. (“we”,
“us” or “our”) provides the Site and the information and services offered on the Site to you, subject to
the following Terms of Use (“TOU”). By using the Site, you agree to be bound by these TOU. We may, in
our sole discretion, modify these TOU with or without notice to you. Please continue to periodically
review these TOU when using the Site. By continuing to access and use the Site after these TOU have
been modified, you are agreeing to such modifications. In addition, when using particular services or
features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or
features that may be posted from time to time, including, without limitation, any new features or
functionality (including, without limitation, video and related projects) that augment or enhance the
services or features. All such guidelines or rules are hereby incorporated by reference into these TOU.

2. DESCRIPTION OF SERVICE
The Site contains information about Aura Rainwater’s home and office delivery service and promotional
and other offers. The Site and the information, features and services available through the Site may be
referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or
services that augment or enhance the Service in the future shall be considered part of the Service and
subject to these TOU. The Service is provided primarily for informational purposes and is not
guaranteed. We shall not be responsible or liable for the accuracy, completeness, usefulness or
availability of any information or other content, data, text, URLs, graphics, audio and video clips,
advertising or any other materials (collectively, the “Content”) transmitted or made available via the
Service. We shall not be responsible or liable for any decisions made in reliance on such information.

3. REGISTRATION
You may be required to register for and create an account with the Service in order to access certain
information and features offered through the Service. As part of the registration and account creation
process, you will select a password and provide us with certain registration information. You are solely
responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your
account, including the use of your account by any person using your password(s). If you choose to
register with the Service or otherwise provide personal or other information to the Service, you agree to
(a) provide true, accurate, current and complete information about yourself as prompted by the
Service’s registration form or other areas of the Service, and (b) maintain and promptly update such
information to keep it true, accurate, current and complete. If you provide any information to us that is
untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any portion thereof).
As a condition of using the Service, you agree to the terms of Aura Rainwater’s Privacy Policy , which
may be updated from time to time. Any personal or other information you provide to us is subject to our
Privacy Policy. A current version of the privacy policy may be viewed at http://store.fijiwater.com 

4. THIRD PARTY WEBSITES
The Service may provide links to websites or resources outside of the Site. Because we have no control
over external sites and resources, you acknowledge and agree that we are not responsible for the
availability of such sites or resources, and do not endorse and is not responsible or liable for any
Content, advertising, goods, services or other materials on, available through or provided by such sites
or resources. Your correspondence or business dealings with, or participation in promotions of, any
websites that you find or link to through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated with such dealings,
are solely between you and such websites. You agree that we shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of
links to such websites on the Service.

5. SUBMISSIONS
While we are always happy to hear from you, it is our policy not to accept or consider creative materials,
ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if
your ideas are similar to those we have developed independently. Therefore we must request that you
do not send to us any original creative materials such as images, original artwork, etc. Any
communication or material you do transmit to the Site by e-mail or otherwise will be treated as nonconfidential and non-proprietary.
You shall be solely responsible for your own submissions, the e-mailing or posting of any content
including, without limitations, photographs, illustrations, audio and video clips and the consequences
thereof. You or a third party licensor, as appropriate, shall retain all patent, trademark and copyright to
any Content you submit, e-mail, post or display on or through the Service and you are responsible for
protecting those rights and obtaining the required consents and authorizations, as appropriate. By emailing or posting any submission and Content to the Site or to us, you hereby grant us or our affiliates
the worldwide, non-exclusive, irrevocable, transferable, royalty free and perpetual license to use or
publish such submission and Content for any purpose, including, without limitations, reproduction,
modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast
and posting in any form, medium or technology throughout the world and in perpetuity without
restriction or compensation to you. We are free to use, at our sole discretion, any ideas, concepts,
know-how, or techniques contained in any Content or communication you send or submit to the Site or
to us for any purpose whatsoever including, but not limited to, developing, manufacturing and
marketing products using such information.
You agree that you will use the Service in compliance with all applicable laws, rules and regulations. In
addition, by submitting or posting any Content, you represent and warrant that you own or otherwise
control all of the rights to the Content that you submit, e-mail or post; that the content is accurate; that
use of the content you supply does not violate this policy and will not cause injury to any person or
entity; and that you will indemnify us and our affiliates for all claims of every kind and nature, known or
unknown, resulting from (a) a breach of your representations, warranties or obligations set forth herein,
(b) your actions or Content you supply, or (c) violation of any law or the rights of a third party, and hold
us and our affiliates harmless from and against all damages, losses and expenses of any kind (including
reasonable legal fees and costs) related to such claims. Furthermore, we reserve the right to refuse,
accept, post, display, change, condense, delete or transmit any Content in our sole discretion.
We do not guarantee that you will have any recourse through us or our affiliates to edit or delete any
Content you have submitted. We reserve the right to remove or to refuse to post any submission for any
reason. You acknowledge that you, not FIJI Water, are responsible for the contents of your submission.
None of the Content that you submit shall be subject to any obligation of confidence on the part of Aura
Rainwater, its agents, parent, subsidiaries, affiliates, partners or third party service providers and their
respective directors, officers and employees.
By submitting your e-mail address in connection with your submission or posting of any content, you
agree that Aura Rainwater and its third party service providers may use your e-mail address to contact
you about the status of your submission and other administrative purposes.

  • 6. POSTINGS/USER CONDUCT
    Although we may from time to time monitor or review discussions, chats, postings, transmissions,
    bulletin boards, and the like on the Service, we are under no obligation to do so and assume no
    responsibility or liability arising from the content of any such locations nor for any error, defamation,
    libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
    in any information within such locations on the Service. You are prohibited from posting or transmitting
    any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful,
    threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously
    biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing,
    intimidating to any person or entity that could constitute or encourage conduct that would be
    considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully
    cooperate with any law enforcement authorities or court order requesting or directing us to disclose the
    identity of anyone posting or transmitting any such information or materials.
    You may not use the Service or the Site to:
    • interfere with any other user’s use of the Service;
  • • conduct any unlawful activity;
    • intentionally solicit or harm minors in any way;
    • misrepresent your own identity or any affiliation that you may have;
    • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
    portion of the Service, Site or Content;
    Rev2020-7
    • alter or remove any copyright, trademark or other proprietary rights notices;
    • “frame,” “mirror,” or “deep link” any part of the Site or Content;
    • link to any page within the Site or Content from any web site or web page that makes any claims
    as to the curative or health enhancing powers of any substance, whether or not such substance
    is produced, marketed, sold or distributed by us.

7. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate
these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason
including any breach by you of these TOU or conduct by you that we determine to be inappropriate.
Without limiting the foregoing, if you post any images or content to the Site that infringes the copyright
of any third party, such conduct shall be grounds for immediate termination of your account.

9. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the
Service (the “Software”) contain proprietary and/or confidential information, Content and other
materials that are protected by applicable intellectual property and other laws (including, without
limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire
any ownership rights in any intellectual property through your use of the Site. Except as expressly
authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works
based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in
part. In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials
from the Site in any way or manner without our prior written permission.
AURA RAINWATER, RAINWATER FOR THE SOUL, HYDRATE AND ELEVATE, HEALTHY HYDRATION ON
LOCATION, the Trade Dress and accompanying logos are trademarks of Aura Rainwater, Inc. or its
affiliates. We will enforce our intellectual property rights in the trademarks and any other intellectual
property on the site that is owned by us to the fullest extent of the law.

 

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT,
SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR
PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b. WE MAKE NO WARRANTY THAT
i. THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH
THE SERVICE WILL MEET YOUR REQUIREMENTS,
ii. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION,
CONTENT, SERVICES OR PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE,
iv. THE QUALITY OF ANY SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF
SERVICE.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE
SERVICE.
Rev2020-7

12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. NOTICE
The Service may provide notices to you including, without limitation, notices of changes to these TOU or
other matters by displaying such notices or links to such notices to you generally on the Service.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Service for the
inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is
our policy not to permit materials known by us to infringe another party’s copyright to remain on the
Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, you
should provide us with written notice that contains the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17
U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single notification, a representative
list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit
us to contact the complaining party, such as an address, telephone number and, if available, an e-mail
address at which the complaining party may be contacted; (e) a statement that the complaining party
has a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to:
Aura Rainwater, Inc.
PO Box 201975
Ausitn, Texas
Attn: Chief Legal Officer
Fax:: (512) 828-3924
Email: legalinfo@aurarainwater.com

 

15. DISPUTE RESOLUTION
Binding Arbitration
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or
relating to the TOU or the Service, including, without limitation, any dispute with respect to this
arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or
ordinance or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in
Travis County, Texas. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules
applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may
be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually
selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS.
The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including,
but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the
parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the
fees of its own attorneys, the expenses of its witnesses and all other expenses connected with
presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH
ANY ARBITRABLE CONTROVERSY OR CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential
binding arbitration on an individual basis. You expressly agree that no other Disputes shall be
consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise
(“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks
the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By
using the Site and the Service, you acknowledge that you are voluntarily and knowingly waiving any right
to participate as a representative or member of any class of claimants pertaining to any Dispute subject
to arbitration under this TOU, such that you shall not be entitled to arbitrate any Dispute as a
representative, a class action or in a private attorney general capacity.

16. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use of the Service,
superseding any prior agreements between you and us. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content or third-party software.
These TOU and the relationship between you and us shall be governed by the laws of the State of Texas
without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to
submit to the personal and exclusive jurisdiction and venue of the courts located within the state of
Texas. Any failure on our part to exercise or enforce any right or provision of these TOU shall not
constitute a waiver of such right or provision. If any provision of these TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU
remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim
Rev2020-7
or cause of action arising out of or related to use of the Service or these TOU must be filed within one
(1) year after such claim or cause of action arose or be forever barred.

17. CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed
above. Please report any violations of these TOU to legalinfo@aurarainwater.com.