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Form analysis
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Text Content

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 * 5-Gallon Quick Shop
 * Cold Drinks
   Back Cold Drinks
    * Shop all Drinks
   
   Cheers to FALL!
   
   Shop our variety of top brands and find something new to fall for this
   season.
   
   Shop Now
   
   ORIGIN™ 100% Natural Spring Water
   
   American spring water with naturally occurring electrolytes for a crisp
   taste. Available in still and sparkling.
   
   Shop Now
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   Refresh Your Home With A New Dispenser
   
   
   
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Home / Terms & Conditions | ReadyRefresh Water & Beverage Delivery


TERMS AND CONDITIONS - UPDATED AS OF JANUARY 05, 2023

--------------------------------------------------------------------------------

 * Agreement
 * Delivery
 * Equipment
 * Use of equipment and bottles
 * Term
 * Prices
 * Charges; surcharges, fees, deposits and refunds
 * Risk of loss
 * Default by customer; company's remedies
 * Hydration Hero and Hydration Superhero Membership Plans
 * Bundle Plans
 * Contacting You
 * Mobile phone delivery service
 * Electronic billing and notifications
 * Miscellaneous
 * Disclaimer of Warranty
 * Dispute Resolution
 * Limitation of Liability


AGREEMENT

This Agreement governs your purchases of bottled water, other beverages and
related products ("Products"), Equipment (as defined below), membership plans
and bundles (as described below) from BlueTriton Brands, Inc. ("Company"). You
are not permitted to purchase Equipment, Bottles (as defined below) or any other
Products from Company for the purpose of resale or rental to other customers,
persons or entities. The information you provide will be treated in accordance
with our Privacy Policy, available here. If you do not provide Company all of
the requested information, we may not be able to provide you with the requested
goods or services. From time to time Company may present Customer with
additional terms and conditions. In the event of any conflict between the Terms
set forth herein and any additional terms and conditions, such additional terms
and conditions shall prevail and govern and control.

THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS
OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A
DISPUTE. SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.

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DELIVERY

Customer will purchase Products and bundles from Company as ordered by Customer
from time to time. Customer must provide Company with accurate shipping
information, so that we can timely deliver Products and bundles. Company
reserves the right to subject all orders to a minimum delivery requirement as
determined by Company from time to time per delivery, exclusive of any taxes,
fees or surcharges. All orders are subject to credit approval. Service may not
be available in all areas.

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EQUIPMENT

If Customer requests, Company will lease to Customer, and Customer will pay
Company lease payments for, the coolers, filtration systems and/or equipment as
agreed between Company and Customer ("Equipment"). Customer acknowledges that
this is a true lease. If Customer purchases Equipment from Company, Customer
will be responsible for all repair or replacement costs unless otherwise
specified in Company's warranty, if any. AccuPure plans include standard
installation of up to one hour's labor and 25 feet of standard installation
equipment; Customer is responsible for all additional labor and materials costs.
Installation will begin at the point Customer designates, Company's
responsibility and equipment apply only from that point to the AccuPure delivery
point, which will be designated by Customer. Customer will provide any
permission necessary for alteration of the premises such as cutting or
drilling. Unless otherwise agreed to in writing, if Customer wishes to exchange
the Equipment for reasons not related to functional defects, Customer agrees to
an additional $109.99 replacement fee (the “Non-Defect Equipment Replacement
Fee”) for each piece of equipment that is exchanged. If, upon Company's
inspection of the Equipment, it is determined that the Equipment is in working
condition, then the Non-Defect Equipment Replacement Fee will be applied to
Customer’s account.

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USE OF EQUIPMENT AND BOTTLES

Company will install the Equipment, at Customer's address provided by Customer
to Company. If Customer's negligence, abuse or misuse causes damage requiring
repair or replacement, Customer will pay Company all such costs on demand. The
Equipment and multi-gallon bottles ("Bottles") are, and will at all times be,
Company's sole and exclusive property, and Customer will have no right, title or
interest except as provided in this Agreement. Customer can purchase the
Equipment only if Customer and Company agree. Customer will use the Equipment
and all Bottles only for Company's Products and will not reuse or refill Bottles
for any purpose whatsoever. Customer will at all times operate and maintain the
Equipment and Bottles in a safe, sanitary and proper manner in accordance with
Company's instructions and clean and maintain the Equipment periodically and at
least once every three months. Customer (i) will not remove the Equipment from
Customer's location without Company's prior written consent, (ii) will not alter
the Equipment in any manner, (iii) will permit only Company to repair the
Equipment, (iv) will notify Company immediately if the Equipment or any Bottles
are stolen, lost, damaged or destroyed, and (v) will keep the Equipment and
Bottles free and clear of, and promptly notify the Company of, any levies, liens
and encumbrances. Company may enter Customer's premises at reasonable times to
inspect and repair the Equipment and to deliver or pick up Bottles.

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TERM

The Initial Term of this Agreement will start on the earlier of: the date that
the Equipment, if any, is installed by Company; for Customers who purchase
Products only, on the first date that such Products are delivered to Customer;
the date when Customer authorizes payment for Products, and will continue for
the period set forth on the order form; or, for Customers who purchase a
membership plan or a bundle plan, the date when Customer authorizes payment for
such membership or bundle plan, as the case may be. Notwithstanding the
foregoing, Customer acknowledges and agrees that Company may terminate this
Agreement at any time, for any reason, and without liability to Customer. In
addition, Company may terminate this Agreement and/or cease to fill any open
order from Customer in the event that (i) Customer's address is the specified
delivery location and/or billing address for two or more accounts, or (ii)
Customer's credit card, debit card, ACH or other payment information is used by
two or more accounts. Upon expiration of the applicable Term, this Agreement
will continue in effect on a month to month basis, or for such period as
specified in additional terms, until terminated by either Company or Customer on
30 days' notice. Notwithstanding the foregoing, the Initial Term for AccuPure
Customers is one year from the date of installation and the Initial Term for
Customers who purchase a membership or bundle plan, as the case may be, is one
(1) year. A Customer who terminates this Agreement before the end of the Initial
Term may be subject to a one time early termination charge to compensate Company
for, as applicable, the value of equipment and/or free Products or services
provided to Customer and administrative, installation, labor and other costs of
Customer's account, as follows: (a) Delivery Customers: up to $25; and (b)
AccuPure Customers: up to $150; ALL CUSTOMERS: Upon expiration or termination of
this Agreement, Customer will permit Company to retrieve the Equipment and/or
Bottles, which will be in the same condition as received by Customer, reasonable
wear and tear excepted. If Customer fails to return any Equipment or Bottles,
Customer will pay Company the full replacement value.

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PRICES

(a) DELIVERY CUSTOMERS: Equipment rental fees and prices for bottled water and
other beverages and related products will not be increased during the first two
months or during the Initial Term of this Agreement, whichever is shorter. Any
price increase during the balance of the Initial Term will not exceed Company's
then current regular non-introductory prices. (b) ACCUPURE CUSTOMERS: Leased
AccuPure Equipment rental fees will not be increased during the first six months
of the Initial Term of this Agreement. Any rental fee increase during the
balance of the Initial Term will not exceed $5 per month. (c) ALL CUSTOMERS:
Prices for Products and rental fees are subject to change. Prices of commodities
such as coffee, cocoa, sugar, paper and related products will be reviewed on a
regular basis and are subject to increase at any time.

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CHARGES; SURCHARGES, FEES, DEPOSITS AND REFUNDS

CUSTOMER WILL PAY ALL CHARGES FOR PRODUCTS, EQUIPMENT, AND ALL APPLICABLE
SURCHARGES, TAXES AND FEES, INCLUDING, WITHOUT LIMITATION, (A) ALL BOTTLE
DEPOSITS UP TO $20 PER BOTTLE AND/OR ACCOUNT DEPOSITS UP TO $100; (B) ANY
APPLICABLE DELIVERY FEES OF UP TO $20 PER DELIVERY; (C) A FEE OF UP TO $5 FOR
EACH PAPER INVOICE IN LIEU OF, OR IN ADDITION TO, AN ELECTRONIC INVOICE; (D) A
FEE OF UP TO $8.99 PAYABLE IN THE EVENT CUSTOMER CANCELS A SCHEDULED DELIVERY ON
LESS THAN 24 HOURS’ PRIOR NOTICE; (E) A FEE OF UP TO $50 FOR THE RECONDITIONING
OF EACH COOLER LEASED BY CUSTOMER AND PAYABLE UPON THE CANCELLATION OF SERVICE;
(F) A FEE OF UP TO $6 FOR ALL RESIDENTIAL CUSTOMERS WHO CALL THE CUSTOMER
SERVICE NUMBER FOR ASSISTANCE WITH UPDATING OR SCHEDULING DELIVERIES, MAKING A
PAYMENT OR MODIFYING AN EXISTING ORDER; (G) A FEE OF UP TO $20 FOR CUSTOMERS WHO
CALL THE CUSTOMER SERVICE NUMBER AND ORDER A ONE-TIME PICK UP OF EMPTY 3- OR
5-GALLON BOTTLES; AND (H) IN THE EVENT CUSTOMER IS IN DEFAULT ON THE PAYMENT OF
ANY INVOICE FOR A PERIOD EXCEEDING 150 DAYS, A REINSTATEMENT FEE OF UP TO THE
SUM OF (I) THE OUTSTANDING AMOUNT PLUS (II) 25% OF SUCH OUTSTANDING AMOUNT; AND
(H) ALL APPLICABLE STATE BOTTLE DEPOSITS AND REDEMPTION VALUE ON ANY FREE AND
PURCHASED PRODUCTS UPON CUSTOMER'S RECEIPT OF COMPANY'S INVOICE; AND (I) A FEE
OF UP TO $20 PER DELIVERY FOR SELECTING CERTAIN DELIVERY DATES.

Customer acknowledges and agrees that, promptly after the delivery of any
Products and Equipment, Company may invoice customer for all delivered Products
and Equipment as well as any applicable surcharges, taxes and fees. Company may
change its administrative, surcharges or other charges or deposit fees at any
time with prior notice to Customer. If Customer does not pay any charge within
thirty (30) days of the invoice date, Customer will pay Company a late fee not
to exceed $20 per month. If the late fee exceeds the maximum rate allowed by
applicable law, the late charge will be equal to such maximum rate. Customer
will make all payments due without set-off, counterclaim or defense. Payment of
invoice by Customer is an acknowledgment of acceptance and delivery. At
Company's sole discretion, applicable refunds, if any, may be credited back to
the credit card used for payment. Company accepts all major credit and debit
cards, including Visa, Mastercard, American Express and Discover.  Payment may
also be made by business or personal checking accounts. There are certain
payment methods that the Company does not accept including credit and debt cards
issued by non-U.S. banks, pre-paid cards and payments via Venmo, PayPal and
other similar online money transfer applications. If you provide your credit
card information, you agree that any card or account number and any related
billing and payment information that you provide may be shared by Company with
other companies, such as payment processors and/or credit agencies, solely for
the purpose of checking credit, effecting payment to Company and servicing your
account. Company may seek pre-authorization of your credit card or other charge
account prior to any purchase hereunder to verify the credit card or charge
account is valid and/or has the necessary funds or credit to cover your
purchase. By providing your credit card or charge account information, you
authorize Company to automatically charge such card or account (and authorise
the card issuer or account holder to pay) for fees owed hereunder, including any
fees you may be charged from time to time during the service term.

For recurring Deliveries with automatic payment, Customer must provide Company
with an authorized payment method. Unless Customer notifies Company before a
recurring charge that Customer wants to cancel service, Company will charge
Customer’s authorized payment method per the billing period described when
Customer authorized automatic payment. Customer can update the payment method by
visiting the ReadyRefresh website. If Customer's payment method expires or
Company is unable to charge Customer's payment method, and Customer does not
update or change the payment method, then, in addition to all other rights of
Company as set forth in these Terms, Company may cease all deliveries until such
time as Customer updates the payment method. Customer shall remain responsible
for any uncollected amounts.

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RISK OF LOSS

Customer assumes risk of loss or damage to the Equipment and Bottles in
Customer's possession and is responsible for all liability resulting from their
use and operation. Customer will pay Company upon demand costs to repair or
replace any lost, stolen, damaged or destroyed Equipment and/or Bottles, as
determined by Company. Customer will, to the full extent permitted by law,
indemnify, defend and hold harmless Company, its parent, affiliates, officers,
directors, employees and agents from any loss, damage, liability, cost, fine or
expense, including without limitation, reasonable attorneys' fees, incurred in
connection with this Agreement. This provision will survive termination or
expiration of this Agreement.

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DEFAULT BY CUSTOMER; COMPANY'S REMEDIES

Customer will be in default if Customer: (a) fails to pay any amount when due;
(b) fails to perform or violates any other term or condition and fails to cure
the same within ten (10) days after the occurrence; or (c) abandons or abuses
the Equipment or any Bottles. Upon default, Company will have the right to
exercise any or all of the following cumulative remedies and any other rights or
remedies it may have at law or in equity: (i) terminate this Agreement without
relieving Customer of its accrued and continuing obligations; (ii) declare
immediately due and payable (as liquidated damages and not as penalty) all
outstanding charges plus the balance of the Equipment rental to the end of the
term; (iii) refer due and payable outstanding charges, plus the balance of the
Equipment rental to the end of the term, to a collection agent who may contact
you about the amounts owed; (iv) subject Customer to a reinstatement fee as
described in the section entitled “Charges; surcharges, fees, deposits and
refunds;” and/or (v) repossess the Equipment and Bottles, and Customer hereby
waives notice, legal process, or liability for trespass or other damage by
Company or its third-party representatives, or, Company may declare it a total
loss, and Customer will pay Company its replacement value. Customer waives any
requirement that Company post a bond or other undertaking in a repossession
proceeding. Customer will pay or reimburse all of Company's costs, including
reasonable collection and/or attorneys' fees, as a result of Customer's default
or the exercise of Company's remedies.

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HYDRATION HERO AND HYDRATION SUPERHERO MEMBERSHIP PLANS

Your purchase of a Hydration Hero or Hydration Superhero membership plan is
governed by the terms, conditions and provisions presented herein as well as on
ReadyRefresh.com, all of which (as changed over time) are incorporated into
these Terms. If you sign up for a membership, you accept these Terms.

 i.   Membership Cancellation: You may cancel your membership at any time by
      calling 1-800-274-5282 or by submitting a request via the Contact Us form
      on ReadyRefresh.com. If you cancel your membership within three (3)
      business days of signing up, Company will refund your full membership fee;
      provided that Company may charge you (or withhold from your refund) the
      value of any membership benefits used by you and your account during said
      three (3) day period. IF YOU CANCEL AT ANY OTHER TIME, YOUR MEMBERSHIP FEE
      WILL NOT BE REFUNDED.
 ii.  Benefits and Eligibility: The benefits of your membership may depend on
      inventory availability, order deadlines and, in some cases, shipping and
      delivery addresses. Some product, order, handling fees, delivery fees
      and/or taxes and other payments and fees may still apply to eligible
      purchases. If you purchased a Hydration Superhero membership, for each
      year you are a member, you will receive a coupon that can be redeemed for
      one free professional dispenser cleaning service during such year
 iii. Other Limitations: Company reserves the right to accept or refuse
      membership, in its sole discretion. Company may send you email and other
      communications related to your membership. You may not transfer or assign
      your membership or benefits. You are not permitted to purchase products
      for the purpose of resale, rental or sending to other customers. Some
      membership benefits may require certain purchase thresholds, have quantity
      or delivery address limitations or require you to meet specified criteria
      in order to access them. From time to time, Company may choose, in its
      sole discretion, to add or remove membership benefits.
 iv.  Fees and Payment: The membership fees are stated on ReadyRefresh.com. IN
      THE EVENT YOU EXHAUST THE NUMBER OF FREE DELIVERIES PROVIDED TO YOU UNDER
      YOUR APPLICABLE MEMBERSHIP PLAN, YOU WILL BE CHARGED THE COMPANY’S
      THEN-CURRENT DELIVERY FEE ON ALL SUBSEQUENT DELIVERIES. FURTHERMORE, IF
      YOU SELECT TO RECEIVE DELIVERIES ON CERTAIN DATES, YOU MAY BE SUBJECT TO
      AN ADDITIONAL CHARGE OF UP TO $20 PER DELIVERY. From time to time, Company
      may offer different membership terms, and the fees for such membership may
      vary. The membership fee is non-refundable except as expressly set forth
      in these Terms. Taxes may apply on either or both of the membership fee
      and the reduced delivery charges for your membership. If all eligible
      payment methods Company have on file for you are declined for payment of
      your membership fee, you must provide Company a new eligible payment
      method promptly or your membership will be canceled and you will not be
      given a refund. If you provide Company with a new eligible payment method
      and are successfully charged, your membership period will be based on the
      original purchase date of your membership and not the date of the
      successful charge.
 v.   Term and Termination: Except as otherwise provided herein, your term of
      membership shall be one (1) year. UNLESS YOU NOTIFY COMPANY BEFORE A
      CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU
      UNDERSTAND YOUR REFRESH+ HYDRATION (HERO/SUPERHERO) MEMBERSHIP WILL
      AUTOMATICALLY RENEW AND CONTINUE (WITHOUT NOTICE TO YOU, UNLESS REQUIRED
      BY APPLICABLE LAW) AND YOU AUTHORIZE COMPANY TO COLLECT THE THEN
      APPLICABLE MEMBERSHIP FEE AND ANY TAXES. YOU ALSO AUTHORIZE COMPANY TO
      CHARGE ANY ELIGIBLE PAYMENT METHOD COMPANY HAS ON RECORD FOR YOU. Company
      may terminate your membership at its discretion without notice. If Company
      does terminate your membership, Company will give you a prorated refund
      based on the number of full months remaining in your membership. However,
      Company will not give any refund for termination related to conduct that
      Company determines, in its sole discretion, violates these Terms or
      applicable law or involves fraud or misuse of your membership or is
      harmful to the interests of Company or another customer. Company’s failure
      to insist upon or enforce your strict compliance with these Terms will not
      constitute a waiver of any of Company’s rights.
 vi.  Terms and Condition Changes: Company may at its discretion change these
      Hydration Hero and Hydration Superhero membership terms or benefits or any
      aspect of the Hydration Hero and Hydration Superhero membership that is
      not material, with or without notice or liability to you. If any change to
      these Terms is found invalid, void, or for any reason unenforceable, that
      change is severable and does not affect the validity and enforceability of
      any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE
      CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO
      NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

 

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BUNDLE PLANS

Your purchase of a bundle plan is governed by the terms, conditions and
provisions presented herein as well as on ReadyRefresh.com, all of which (as
changed over time) are incorporated into these Terms. If you purchase a bundle
plan, you accept these Terms.

 i.   Early Termination: You may terminate your bundle plan early at any time by
      calling us 1-800-274-5282 or by submitting a request via the Contact Us
      form on ReadyRefresh.com. IF YOU CANCEL YOUR BUNDLE PLAN AT ANY TIME, YOU
      WILL BE CHARGED A ONE-TIME BREAKAGE FEE OF AN AMOUNT UP TO $25 AND YOU
      AUTHORIZE COMPANY (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE
      LAW) TO COLLECT THE BREAKAGE FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT
      METHOD COMPANY HAS ON RECORD FOR YOU.
 ii.  Benefits and Eligibility: The benefits of your bundle plan may depend on
      inventory availability, order deadlines and, in some cases, shipping and
      delivery addresses. Certain product, order, handling fees, delivery fees
      and/or taxes and other payments and fees may still apply to eligible
      purchases.
 iii. Other Limitations: Company reserves the right to accept or refuse your
      purchase of a bundle plan, in its sole discretion. Company may send you
      email and other communications related to your bundle plan. You may not
      transfer or assign your plan or its benefits. You are not permitted to
      purchase products for the purpose of resale, rental or to send to other
      customers. The purchase of a bundle plan will require certain purchase
      thresholds, have quantity and delivery address limitations and require you
      to meet specified criteria in order to access them. From time to time,
      Company may choose, in its sole discretion, to add or remove benefits from
      a bundle plan.
 iv.  Fees and Payment: By purchasing a bundle plan, you agree to purchase a
      minimum of ten (10) orders per year. The fees for the bundle plan are
      stated on ReadyRefresh.com. From time to time, Company may offer different
      bundle plan terms, and the fees for such plan may vary. Amounts paid in
      respect of your bundle plan are non-refundable except as expressly set
      forth in these Terms. Taxes may apply on the reduced charges for products
      and services (including delivery) in connection with your plan. If all
      eligible payment methods Company have on file for you are declined for
      payment of your bundle plan, you must provide Company a new eligible
      payment method promptly or your plan will be canceled and you will be
      charged the above described breakage fee. If you provide Company with a
      new eligible payment method and are successfully charged, your plan period
      will be based on the original plan purchase date and not the date of the
      successful charge.
 v.   Term and Termination: Except as otherwise provided herein, the term of
      your bundle plan shall be one (1) year. UNLESS YOU NOTIFY COMPANY BEFORE A
      CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU
      UNDERSTAND YOUR BUNDLE PLAN WILL AUTOMATICALLY RENEW AND CONTINUE (WITHOUT
      NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) AND YOU AGREE TO
      PURCHASE A MINIMUM OF TEN (10) ORDERS PER YEAR AND PAY ANY RELATED TAXES
      AND FEES. YOU ALSO AUTHORIZE COMPANY TO CHARGE ANY ELIGIBLE PAYMENT METHOD
      COMPANY HAS ON RECORD FOR YOU. Company may terminate your bundle plan at
      its discretion without notice. If Company does terminate your bundle plan,
      Company may give you a prorated refund based on the number of full months
      remaining on your plan. However, Company will not give any refund for
      termination related to conduct that Company determines, in its sole
      discretion, violates these Terms or applicable law or involves fraud or
      misuse of your bundle plan or is harmful to the interests of Company or
      another customer. Company’s failure to insist upon or enforce your strict
      compliance with these Terms will not constitute a waiver of any of
      Company’s rights.
 vi.  Terms and Condition Changes: Company may at its discretion change these
      Bundle Plan terms or benefits or any aspect of the Bundle Plan that is not
      material, with or without notice or liability to you. If any change to
      these Terms is found invalid, void, or for any reason unenforceable, that
      change is severable and does not affect the validity and enforceability of
      any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE
      CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO
      NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR BUNDLE PLAN.

 

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CONTACTING YOU

You agree and consent that we, affiliates, and our vendors or service providers
may contact you by telephone or text message – at any phone number that you
provide or that we may obtain for you – for any non-marketing or informational
purpose. You also agree and consent that these calls and texts may include (but
are not limited to) calls about your account, delivery, and payment, and that we
may use an autodialer or prerecorded or artificial voice for such calls and
texts. You agree to notify us promptly if your phone number or numbers change in
the future.

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MOBILE PHONE DELIVERY SERVICE

Company provides a mobile messaging service ("Mobile Messaging Service") to its
Customers. The Mobile Messaging Service is utilized to provide information to
Customers via their mobile phones about upcoming delivery of their purchases.
Text messages or phone calls may be made using an auto dialer or prerecorded
voice. If Customer wishes to receive the Mobile Messaging Service, Customer
agrees to provide Company with a valid mobile number and to notify Company
immediately of any changes to Customer's mobile number. Customer agrees that
Company may make phone calls or send text messages through Customer's wireless
provider to the number Customer provides. Company does not charge recipients to
receive text messages, however, messaging and data rates may apply. CUSTOMER IS
RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY
THEIR WIRELESS SERVICE PROVIDER. Frequency of messages received by customer can
vary. Customer agrees to indemnify, defend, and hold harmless Company, its
officers, directors, employees, agents, licensors and suppliers from and against
all losses, expenses, damages and costs of any kind (including reasonable
attorneys. fees), resulting from any activity related to Customer's use of the
Mobile Messaging Service, or from Customer providing Company with a mobile
number that is not Customer's own mobile number. Customer agrees that Company
will not be liable for failed, delayed, or misdirected delivery of any
information sent through the Mobile Messaging Service; any errors in such
information; any action Customer may or may not take in reliance on the
information or Mobile Messaging Service; or any disclosure of information to
third parties resulting from Customer's use of the Mobile Messaging Service.
Company’s Privacy Policy is available on the ReadyRefresh website.

Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost,
U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular
One of East Central Illinois, Centennial Wireless, Cox Communications,
EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone
Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb
Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket,
Cincinnati Bell and Virgin Mobile.

T-Mobile® is not liable for delayed or undelivered messages.

To discontinue receiving text messages from ReadyRefresh, text STOP to 71091.

For additional help, text HELP to 71091 or contact us at 1-800-274-5282 or
CustomerService@ReadyRefresh.com. Message & Data Rates May Apply.

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ELECTRONIC BILLING AND NOTIFICATIONS

Customer agrees that Company may provide Customer with information regarding
this Agreement by posting the information in Customer's account on the
ReadyRefresh website and that doing so satisfies any obligation Company may have
to provide the information in writing. Customer may have the right to withdraw
consent and, when required by law, Company will provide Customer with paper
copies upon request. To receive, access, and retain the notices, Customer must
have Internet access and a computer or device with a compatible browser;
software capable of viewing PDF files; and the ability to print or download and
store PDF files. Customer confirms that Customer is able to receive, access, and
retain information on the website. Customer may withdraw consent or update
contact information by calling ReadyRefresh.

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MISCELLANEOUS

Customer may not directly or indirectly transfer any of its rights under this
Agreement and will not allow any third party to take possession of the Equipment
or Bottles without Company's prior written consent. Company reserves the right
to change any of the terms of this Agreement at any time for any reason. Company
will notify Customer of such changes by posting an updated Agreement here or by
asking Customer to read and accept a new version. Customer’s continued purchase
or receipt of Products after an updated Agreement is posted constitutes
acceptance of the modified Agreement. Customer cannot modify this Agreement
unless Company agrees to the change in writing. Failure or delay in exercising
any right will not constitute a waiver. Customer grants Company authority to
conduct credit investigations and Company retains the right to terminate this
Agreement at any time based on such information. This Agreement, together with
any additional terms, rules, the Company’s Privacy Policy, and any other
regulations, procedures and policies which Company refers to and which are
hereby incorporated by reference, contain the entire understanding and agreement
between Customer and Company concerning this Agreement, and transactions
involving Products, Bottles, and Equipment and supersedes any and all prior
understandings. To the extent that there is a conflict between this Agreement
and any additional terms for Products, Bottles, or Equipment, the additional
terms shall govern. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, this shall not affect any other provisions and the
Agreement shall be deemed amended to the extent necessary to make it legal,
valid and enforceable. Any provision that must survive in order to allow us to
enforce its meaning shall survive the termination of this Agreement.

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DISCLAIMER OF WARRANTY

COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND,
NOTWITHSTANDING ANYTHING TO THE CONTRARY, HAS NOT MADE AND DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE
EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY.
CUSTOMER ACCEPTS THE EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF THE
EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR
SUSPEND CUSTOMER'S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE
FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO
CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE
EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.

Some jurisdictions do not allow exclusion of implied warranties, so the above
exclusions may not apply to Customer.

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DISPUTE RESOLUTION

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND COMPANY AGREE TO SUBMIT
EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO
PRODUCTS, EQUIPMENT, BOTTLES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER
TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT,
INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE
FOREGOING) (EACH, A "DISPUTE") FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL,
BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS
COURT IF CUSTOMER’S CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR
LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES
RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF
THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS
AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE
RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES
RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO
ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT
CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER
ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION
AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE
SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF
OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT
WOULD.

THE ARBITRATION WILL BE HELD IN CONNECTICUT. IF CUSTOMER INFORMS COMPANY THAT
THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, COMPANY WILL WORK WITH CUSTOMER TO
DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM
FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN
THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES
EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND
EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN
CONNECTICUT. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE
APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH
COURTS.

THE ARBITRATION WILL BE ADMINISTERED BY JAMS. CUSTOMER MAY OBTAIN A COPY OF THE
RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH PARTY SHALL AGREE ON ONE
ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON
AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS
RULES.

IF CUSTOMER INITIATES ARBITRATION, CUSTOMER'S ARBITRATION FEES WILL BE LIMITED
TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION,
COMPANY WILL PAY CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING ATTORNEYS’
FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST COMPANY, IN
ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR,
COMPANY WILL REIMBURSE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A
MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE
ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE
BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN COMPANY’S
FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS
OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF
CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER
PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S
INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR
OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT
JURISDICTION.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE
(1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.

IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR
UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN
FULL FORCE AND EFFECT.

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LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN
THIS AGREEMENT, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING
LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY
REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO
THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED
UP TO TWO HUNDRED FIFTY DOLLARS ($250).

Some jurisdictions, such as New Jersey, do not allow limitations on damages. In
the event the applicable jurisdiction does not allow the limitation on liability
to the extent indicated above, our liability in such jurisdictions shall be
limited to the extent permitted by law.

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STATE BOTTLE REDEMPTION FEE

This fee is established by state law for recycle eligible aluminum, plastic,
glass, and bi-metal beverage containers. These empty containers are eligible for
refund when returned to local recycling centers..

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REFUNDABLE ACCOUNT DEPOSIT FEE

This is a one-time, fully refundable deposit that covers our 3 and 5-Gallon
Bottles. As a customer, you are responsible for the return and condition of
these bottles.

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INFO ON ACCOUNT NUMBER

Your unique 10-digit account number is associated with your account address and
is listed on each of your paper or electronic invoices.

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INFO ON DELIVERY ZIP CODE

This is the ZIP code of the address where you receive your deliveries. It is
listed on each of your paper and electronic invoices.

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CONSENT STATEMENT

I consent to ReadyRefresh contacting me to provide notifications and offers by
phone or text (including by autodialing and artificial or pre-recorded voice) at
the phone number I provided, which is my personal phone. Consent is not
required. I'll inform ReadyRefresh of any change to, or transfer of, my phone
number. I can revoke my consent by sending a “STOP” message for texts or through
my account Notification Preferences. It takes a reasonable period of time to
process my requests. Standard carrier charges may apply for messages and calls.
I am responsible for such charges.

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