Terms of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM OUR WEBSITES OR APPLICATIONS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITES OR APPLICATIONS IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH HYDROJUG, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITES, APPLICATIONS, OR ANY OF OUR WEBSITES’ OR APPLICATIONS’ CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://thehydrojug.com, https://hydrojug.com, https://actawear.com, and https://purelyte.com (each, a “Website”) or through one of our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”). These Terms are subject to change by HydroJug, Inc., our subsidiaries, affiliates, and each of our brands, including HydroJug, Acta Activewear, and PureLyte (referred to as “HydroJug,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Websites and in the Applications, and you should review these Terms prior to purchasing any product or services that are available through the Websites or Applications. Your continued purchases of our products and services on or through the Websites or Applications after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Websites and Applications. You should also carefully review our Privacy Notice before placing an order for products or services through the Websites or Applications (see Section 8).
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Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the applicable HydroJug entity displayed on the Website or in the Application that you use to order from and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have processed your order by emailing our Customer Service Department at one of the following email addresses:
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For orders from HydroJug (thehydrojug.com): service@thehydrojug.com
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For orders from Acta Activewear (actawear.com): Hello@actawear.com
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For orders from PureLyte on purelyte.com: Hello@purelyte.com
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Prices and Payment Terms
All prices posted on the Websites and in the Applications are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (including sales tax, VAT tax, or other similar taxes required by your jurisdiction), tariffs, or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept debit cards and all major credit cards for all purchases (note that we use Shopify as our e-commerce provider, which may provide you with alternative payment options at checkout, such as virtual payment methods through PayPal, AmazonPay, ApplePay, GooglePay, or other similar methods). You represent and warrant that (i) the payment information you supply to us is true, correct and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your credit or debit card company or other financial institution; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
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Accuracy and Integrity of Product Information and Colors
Although we attempt to ensure the integrity and accuracy of the information provided about our products on our Websites and Applications, we make no representation, warranty, or guaranty whatsoever as to the correctness or accuracy of the Websites, Applications, or the information about our products on our Websites or Applications. It is possible that the Websites or Applications could contain typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Websites or Applications by third parties. In the event you become aware of any such inaccuracy or other error, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies or other errors on the Websites or Applications without notice. Information on the Websites and Applications may be changed or updated without notice. Additionally, we shall have no responsibility or liability for any information or other content posted to the Websites or Applications by any third-party not affiliated with us.
We have made reasonable efforts to accurately display the colors of the products offered for sale or that otherwise appear on our Websites and Applications. However, the actual colors you will see may depend on your display and other computing equipment, and we cannot guarantee that the display of any color you see will be accurate.
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Shipments; Delivery; Title and Risk of Loss
The locations we ship to and expected shipping and delivery times may vary depending on the HydroJug subsidiary, affiliate, or brand you make your purchase from. For more information about shipping for each of our brands, please see:
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For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fwhat-is-your-shipping-policy-475250
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For orders from Acta Activewear (actawear.com): https://actawear.com/pages/shipping
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For orders from PureLyte on purelyte.com: https://www.purelyte.com/help-center/shipping/
We will arrange for shipment of the products to you. Please check the individual brand page for specific delivery options and times and the individual product page for any delivery options that may be applicable to that specific product. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. Shipping and delivery dates listed on our websites or any order confirmation emails are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
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Returns and Refunds
Except for any products designated on the Websites or Applications as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within the time period specified for that brand or product and provided such products are returned unused, with all original labels and tags, and in their original condition or as otherwise specified on the Websites or Applications. Some clothing items (such as underwear or similar items) may not be returned. For other clothing items, the items must not have been washed or worn, must have all tags attached, and be free of makeup, deodorant, animal hair, or any other similar items. To return products, you must follow the specific instructions for that brand or product to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. More information about the availability of returns and how to return a product can be found at:
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For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fhow-do-i-make-a-return-475248
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For orders from Acta Activewear (actawear.com): https://actawear.com/pages/exchanges
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For orders from PureLyte on purelyte.com: https://www.purelyte.com/help-center/returns-exchanges/
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to inspection before a refund may be issued.
Refunds are processed within approximately ten (10) days after inspection of your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Websites or Applications. WITHOUT LIMITING ANY OTHER RESTRICTIONS POSTED ON THE APPLICABLE WEBSITES OR APPLICATIONS, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITES OR APPLICATIONS AS NON-RETURNABLE OR FINAL SALE, OR THAT DO NOT MEET THE CONDITIONS FOR RETURN.
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LIMITED WARRANTY
WE OFFER A LIMITED WARRANTY FOR EACH OF OUR BRANDS THAT GIVES YOU SPECIFIC LEGAL RIGHTS REGARDING YOUR PURCHASE OF THE OUR PRODUCTS AND SERVICES. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY FOR EACH BRAND CAN BE FOUND AT:
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For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fwarranty-490901
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For orders from Acta Activewear (actawear.com): https://actawear.com/pages/help-center
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For orders from PureLyte on purelyte.com: https://www.purelyte.com/pages/help-center
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY IS A REFUND OF YOUR PURCHASE PRICE OR A REPLACEMENT OF THE DEFECTIVE PRODUCT. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITES OR APPLICATIONS, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
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Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and services purchased from the Websites or Applications may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
Unless otherwise agreed to in writing by HydroJug that you are acting as a distributor or retailer for HydroJug products and services, you represent and warrant that you are buying products or services from the Websites or through the Applications for your own personal or household use only (or as a gift to someone for their personal or household use), and not for resale. Unless otherwise agreed upon in writing with HydroJug or directly shipped to another country by HydroJug in accordance with its shipping policies, you represent and warrant that you are not buying products or services from the Websites or through the Applications for export as a new item or, if you do export any items (new or otherwise) that you are solely responsible to ensure the legality of the imported item into the destination country and that you are solely responsible for any import tariffs, taxes, or other obligations.
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Privacy
We respect your privacy and are committed to protecting it. Our Privacy Notice governs the processing of all personal data collected from you in connection with your purchase of products or services through the Websites and Applications.
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Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
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Dispute Resolution and Binding Arbitration
YOU AND HYDROJUG ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITES OR APPLICATIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 11 (the JAMS Rules are available at https://jamsadr.com/rules-comprehensive-arbitration/). You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send HydroJug, Inc. (or its applicable affiliate, subsidiary, or brand), by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. If HydroJug initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or HydroJug, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and HydroJug do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HydroJug may commence an arbitration proceeding or file a claim in small claims court. Except for Mass Arbitration claims described below, the arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit. If you are required to pay a filing fee, after HydroJug receives the notice at the address listed below that you have commenced arbitration, HydroJug will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.
IN ANY DISPUTE OTHER THAN DISPUTES THAT QUALIFY FOR MASS ARBITRATION UNDER THE MASS ARBITRATION PROCEDURES (AS DEFINED BELOW), NEITHER YOU NOR HYDROJUG, INC. OR ITS AFFILIATES, SUBSIDIARIES, OR BRANDS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Except for Mass Arbitration and in accordance with the Mass Arbitration Procedures described below, the arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Sale. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Sale shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.
Mass Arbitration Procedures
If your claim is one of seventy-five (75) or more similar claims intended to be asserted against HydroJug by individual claimants represented by the same law firm or law firms acting in coordination, consistent with the definition of a “Mass Arbitration” set forth in the JAMS Mass Arbitration Procedures and Guidelines (https://www.jamsadr.com/mass-arbitration-procedures, the “Mass Arbitration Procedures”), you and HydroJug hereby agree and acknowledge that the Mass Arbitration Procedures will apply to your claim and other claims that are consistent with the definition of a Mass Arbitration. You and HydroJug hereby agree that the JAMS Consumer Arbitration Minimum Standards apply to the claims, unless the Process Administrator determines such minimum standards or not applicable or should be modified.
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Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
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No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HydroJug, Inc.
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No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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Notices
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Websites or Applications. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to HydroJug, Inc.; 107 West 600 North, Suite 1; Ogden, UT 84404; USA or other contact information provided on the applicable Websites or in the applicable Applications. We may update the address for notices to us by posting a notice on the applicable Websites or Applications. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
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Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
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Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
