OVERVIEW

This website is operated by Yesly Water, LLC (“Yesly”). Throughout the website (the “Site”), the terms “we”, “us” and “our” refer to Yesly. Yesly offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, our [Privacy Policy]. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. For more information about [Shopify] and the services it provides, please visit their Terms of Service here: https://www.shopify.com/legal/terms or Privacy Policy here: https://www.shopify.com/legal/privacy.

SECTION 1 – GENERAL CONDITIONS

By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the Site, nor may you attempt to gain access to information or control of the Site not specifically granted to you.

You must not knowingly provide or post any false, misleading, or fraudulent information.

Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.

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

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

You may be required to create an account to use some of the features of the Site. You are solely responsible for maintaining the confidentiality and security of your account information, all changes and updates thereto and all activity in connection therewith. By creating an account, you represent to us that all information you provide is true, accurate and correct and that you will update your information as necessary to keep it accurate. You may not create or use an account or provide account information (such as an email address) for anyone other than yourself. We are not responsible if information made available on the Site is not accurate, complete or current. You agree to notify us immediately of any unauthorized use of your account by contacting us at customerservice@yeslywater.com and to change your password as soon as possible.

The material on the Site is provided for general information purposes 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 up-to-date sources of information. Any reliance on the material on the Site is at your own risk.

The 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 the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

SECTION 3 – PRICES AND PAYMENT

All prices are shown in U.S. Dollars, and applicable taxes and other charges, if any, are in addition to such prices. Payment is due upon placing an Order (as hereinafter defined). By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (and/or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). By confirming an Order at the end of the checkout process, you agree to accept and pay for the entire Order in accordance with these Terms. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Order, you remain responsible for any uncollected amounts and authorize us to continue billing such payment method as the same may be updated. You acknowledge that the amount billed may vary (due to, e.g., promotional offers, preferences you select, changes you make to your Order, or changes in applicable taxes or other charges), and you authorize us (and/or our third-party payment processor) to charge your payment method for the corresponding amount. If you register for a subscription, you authorize Yesly to collect, save, and charge your provided payment method for future Orders on your account in connection with your subscription. For more details on recurring billing, please see Sections 4, 5 and 6 of these Terms.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card number and expiration date, so that we can complete your Order(s) and contact you as needed.

SECTION 4 – CONTINUOUS SUBSCRIPTIONS

When you register for a subscription, you expressly acknowledge and agree that (a) Yesly (and/or our third-party payment processor) is authorized to charge you on a monthly basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the Site or products in accordance with these Terms. You may skip your Order as often as you’d like by managing your delivery schedule located in your account.

SECTION 5 – CANCELLATION OF SUBSCRIPTION

You may cancel your subscription at any time by logging in to your account or by emailing us at customerservice@yeslywater.com. You must cancel your subscription by the date indicated in your monthly reminder email, which we will send to the email address you provide when you register for your subscription. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any Order processed prior to the cancellation of your subscription.

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Please note that if you are accessing the Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 e-mail 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 on the Site. 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.

SECTION 8 – RETURN AND REFUND POLICY

In the event that you are unhappy with any of the products you purchased from the Site, you can reach out to us at customerservice@yeslywater.com or call us at (941) 263-4700. Please do so within thirty (30) days of the date you purchased the applicable product(s) from the Site. If more than thirty (30) days have elapsed since your purchase, we cannot offer you a refund or exchange. To be eligible for a return, you must return the applicable product(s) to us within thirty (30) days of the date of receipt of the same. We do not accept returns of consumed products. You will be responsible for the shipping costs to return any products. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Products not purchased from the Site cannot be returned.

To complete your return, please send an email with a clearly stated refund request to customerservice@yeslywater.com. Once we receive your refund request, we will provide clear instructions on how to return the products to us. Please do not send the products back to the manufacturer.

Once your return is received, we will send you an email to notify you that we have received the returned products. We will also notify you by email of our approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a reasonable time following approval.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control and/or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or websites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility 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 websites. Please carefully review the third-party website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party websites is entirely at your own risk.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You acknowledge that you are responsible for any material you may submit via the Site or otherwise to Yesly, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Yesly any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the Site.

If you submit material via any means to Yesly, unless we indicate otherwise, you grant Yesly and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Yesly is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how that you or individuals acting on your behalf provide to Yesly (“Comments”). You grant Yesly and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Yesly for all claims resulting from the content you supply.

If you provide to us any Comments, whether related to the Site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place Yesly under any fiduciary or other obligation to you.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.

We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information to us is governed by our Privacy Policy.

In the event the Site allows you to create a user account, you may be required to create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By creating an account, you may agree to receive communications and promotional materials from Yesly and its affiliated entities.

SECTION 13 – MINORS AND CHILDREN

Children under the age of 13 are encouraged not to use the Site unsupervised and we ask that they do not register for an account or submit any personal information to us, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). By using the Site unsupervised or by registering for an account, you warrant that you are 13 years of age or older.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Yesly does not endorse any of the products or services identified on such sites.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

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

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

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The content of the Site and any product Yesly offers are not meant to diagnose, treat, prevent or cure any medical condition or symptom, and should not be used as a substitute for consulting a doctor or other health professional. The statements made by Yesly on the Site and our products have not been evaluated by the Food and Drug Administration.

In no case shall Yesly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no case shall Yesly be liable for any recommendations, health claims, statements or any other advice or information provided on the Site or through any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless Yesly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

SECTION 18 – COPYRIGHT AND INTELLECTUAL PROPERTY

The content of the Service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the exclusive property of and owned by Yesly or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided in this Section 18, nothing contained on the Site shall be interpreted or construed as granting you a license or a right to use any such content of the Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Yesly and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time, we may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Yesly to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Yesly, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Yesly or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Yesly, whether registered or unregistered, may not be used in connection with any product or service that is not Yesly’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Yesly’s trade names, trademarks or service marks without our express prior written consent. Yesly will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

You agree that Yesly, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section 20 may be effective without prior notice to you.

SECTION 21 – ENTIRE AGREEMENT

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

These Terms of Service and all policies (including the Privacy Policy) and operating rules posted by us on the Site or with respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

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

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Delaware] without regard to any conflict of laws principles.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@yeslywater.com.

SECTION 25 – CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that Yesly has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Notices sent under this Section 25 may be mailed to:

Yesly Water, LLC
1343 Main Street #601
Sarasota, FL 34236
Attn: Daniella Afualo

Notices sent under this Section 25 may be emailed to customerservice@yeslywater.com.

SECTION 26 – COMMUNICATION

We may communicate with you by email or by posting notifications on the Site. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Effective Date: May 1, 2023