Terms of service

OVERVIEW Our website, balaenzyme.com is operated by Cure Beverages, LLC. Throughout the site, the terms “We”, “Us” “Our” and “Site” refer to Cure Beverages, LLC. We offer this website, including all information, tools and services available from this site to you, stipulated upon your acceptance of all terms, conditions, policies and notices stated here. By visiting Our site and/or purchasing Our product, you engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or merchants. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Cure Beverages, LLC views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the Site is described in Our Privacy Policy.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These Terms of Service and any policies or operating rules posted by Us on the Site or in respect to the Site constitute the entire agreement and understanding between you and Us.

Our failure to exercise or enforce any right to provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damaged, delay, or failure to act caused by ANY SOURCE beyond Our reasonable control. If any provision or part of the provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto execute these Terms of Service.

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. In addition, 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 United States.


OUR SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON OUR WEBSITE.


ONLINE STORE TERMS
Our store is hosted on Shopify Inc. and Amazon. They provide Us with the online e-commerce platform that allows Us to sell Our products and services to you. By agreeing to these Terms of Service, you represent that you are at least 18 years old. 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 will not access Our website through automated or non- human means, whether through a bot, script, or otherwise. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements.

GENERAL CONDITIONS
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 transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is ALWAYS encrypted during transfer over networks. Our product is offered for sale through Our website. In the event you wish to purchase Our product, you will be asked to supply certain personally identifiable information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Us with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that you may enter into which governs your purchase of Our product. You shall be responsible for all charges incurred through your account as well as any shipping and applicable taxes. Your right to use Our product available for purchase through the website is conditional on Our receipt of payment for such product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.

Our website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by Cure Beverages, LLC and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any content contained in Our website and any newsletters or other materials created and distributed through the Website or a linked third party are the property of Cure Beverages, LLC and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on Our website. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use, take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities. We also reserve the right to manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for Our products are subject to change without notice. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. You understand YOU are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to Our website for any reconstruction of any lost data.

We will not be liable for any loss or damages caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment or devices, programs, data, or other proprietary material due to your use of the website or on any third party website linked to it. Operation of the site may be interfered with by numerous factors outside the control of Cure Beverages, LLC. We make no guaranty of continuous uninterrupted or secure access to Our website.

OUR PRODUCT
All descriptions of the product or pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue Our product at any time. We do not warrant that the quality of Our product will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to limit the sale of Our product to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Our products.

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 purchases made at Our store.

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. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of Our website, except that you may download content from the Site as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or Cure Beverages, LLC. If your rights to use Our website ceases for any reason, you must destroy any copies of the Content you may have made. Cure Beverages, LLC may provide links to other websites of possible interest to you. Because We have no control over such websites, you acknowledge and agree that We are not responsible for the availability of such websites, We do not sponsor or endorse such websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and your access and use of such websites are at your own risk. You also acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party'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.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times and 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 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.

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 linked website, 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 linked, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

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 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.

INDEMNIFICATION
You agree to defend, indemnify, and hold Cure Beverages, LLC harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of the website, breach of these Terms of Use, any breach of your representations and warranties set forth in these Terms of Use, your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the website with whom you may have connected with via the website. Notwithstanding the foregoing, We reserve the right at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate, at your expense, with Our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and 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 Services, or when you cease using Our 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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our Services (or any part thereof).

ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this site or in 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). If We terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our website and you waive any right to receive specific notice of each change. It is your responsibility to check Our website periodically to stay informed of updates or changes. Your continued use of or access to Our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

MISCELLANEOUS – The Site is provided on an as-is and as-available basis. You acknowledge and agree that your use of the Site will be at your sole risk. To the fullest extent permitted by law, Cure Beverages, LLC disclaim all warranties, expressed or implied, in connection with the Site and your use thereof. No information obtained from Cure Beverages, LLC, orally or in writing, shall create any express or implied warranty.

Cure Beverages, LLC makes no promises, guarantees, predictions of success or any claims to special experience, insight or expertise in providing the website. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any third party websites linked to the site and we will assume no liability or responsibility for any errors, mistakes or inaccuracies or content and materials, personal injury or property damage of any nature whatsoever, resulting from your access to and use of this website, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party website accessed through Our Site. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution when and where appropriate.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications We provide to you electronically via email on the Site satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by Us via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. We will communicate with you by e-mail.

You consent to receive communications from Us electronically.

Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

These Terms of Service shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Service, We reserve the right to, in Our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for beach of any representation, warranty, or covenant contained in these Terms of Use of any applicable law or regulation.

CURE BEVERAGES, LLC SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE OR OUR PRODUCT.

If you are a California resident and our customer, Cal. Civ. Code 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes.

Please see our Privacy Policy for details.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@balaenzyme.com

No products purchased from this Site shall be resold without written permission from Cure Beverages, LLC.

Last updated September 18, 2019

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