You must be eighteen or over to use this website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Drakes Meat Rubs of your written or email notice of termination. Drakes Meat rubs may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us.. If we terminate your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 9-14 of this Agreement.
- Non Commercial Use by Members.
The Website is for the personal use of individual Members only. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content. Drakes Meat Rubs owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Drakes Meat rubs, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- CopyrightYou may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing.
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Drakes Meat Rubs assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Drakes Meat Rubs expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Drakes Meat Rubs has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Drakes Meat rubs liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of membership.
- U.S. Export Controls.
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of [YOUR JURISDICTION] without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in Benton County, Washington.
You agree to indemnify and hold Drakes Meat rubs, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Drakes meat Rubs regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
We are not going to sell your personal information to anyone!
Your IP Address
Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
Information We Collect From You
In order to operate the Site and to provide you with information about products or services that may be of interest to you, we may collect “personal information” (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address), “financial information” (i.e. credit card numbers or passwords) or “demographic information” (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) “non-public information”, which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) “public information”, which consists of all other demographic information. We ask that you do not enter personal information or financial information into your “Profile” (for example, don’t use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as “demographic information” that is “public information.” Please note that nowhere on the Site do we knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
Information Other Websites Collect From You
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with Drakes Meat Rubs. These types of communications, are known as “Operational Communications.”
We may also use personal information to send you newsletters. The Site provides you with options to decline to receive communications from Drakes Meat Rubs (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive email from us.
To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and promotional fulfillment. We require these entities not to use your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Site, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as “Co-Branded Pages” and these companies are known as “Co-Branded Companies.” If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party, such as the advertising company Avenue A, may use to read cookies that it, or its clients, may have placed on your browser at other (non-Living Waters) web sites before your visit to Living Waters. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
Please read the information below under the heading “Special Cases in which we Share Personal and Financial Information” to learn more ways in which we may share your personal information.
How We Use Financial Information
We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading “Special Cases in which we Share Personal and Financial Information” to learn more ways in which we may share your financial information.
Special Cases in which we Share Personal and Financial Information
How We Use Public Information and Other Demographic Information
Our Security Precautions
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
How You Can Access and Update Your Email Preferences, Personal Information and Public Information
No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. However, we will exchange all products minus shipping up to equal value.