Terms & Conditions

Terms & Conditions - Cloud Water Brands

This website is operated by This Can Be Done LLC DBA Cloud Water Brands (“Cloud Water,” “we,” or “us”). These terms of service (“Terms of Service”) set forth the terms and conditions under which you are authorized to use our Site. By using our Site, you agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all usage of our Site.

Description of Service

Our Site provides information about Cloud Water products, allows users to purchase Cloud Water products, and provides various ways to interact with Cloud Water through newsletters, social media, and other channels. The Site may contain text, images, videos, audio clips, or other content (collectively, the “Content”). Any new content, services, or features added to our Site are subject to these Terms of Service.

Merchandise and Purchases

Through the store section of the Site (“e-Store”), we offer a variety of merchandise for sale. We reserve the right to change product offerings on the Site, including the availability of any item, without notice. When you visit the Site or e-Store or send us emails, you consent to receive communications from us electronically. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

We use Shopify to manage purchase transactions. Information you provide in connection with purchases, including credit card and personal information, is managed by Shopify and subject to Shopify’s Privacy Policy, Refund Policy, and Terms of Use, which are accessible during checkout. We do not retain or share this information.

Email & SMS Messaging Sign-Up

By signing up for Email and/or SMS messaging via our website, order confirmation, or other promotional link, you consent to receive marketing messages from us. Standard messaging and data rates may apply. You may opt-out anytime.

Additional Policies and Agreements

Our Privacy Policy describes the information we collect on our Site, how we use that information, and steps we take to protect your privacy. By agreeing to these Terms of Service, you consent to our use of your personal information as described in our Privacy Policy. Purchases made on our Site are subject to additional terms and conditions, including product return policies, which will be presented during the purchase process.

Registration/Account Set-Up

Certain Site features may require registration. You agree to provide accurate information and are responsible for maintaining the confidentiality of your account. You must notify us of any unauthorized account use. We cannot and will not be liable for any loss or damage arising from your failure to protect account confidentiality.

Modifications and Interruptions to the Site

We reserve the right to modify or discontinue all or any portion of our Site without notice. You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to our Site and that Site usage may be affected by factors beyond our control.

Third-Party Sites and Content

Certain areas of the Site and payment processing functions may be operated by third parties and subject to those parties’ Terms of Service and Privacy Policies. Cloud Water is not responsible for any aspect of these third-party services or websites. Links to third-party sites are provided for convenience; Cloud Water is not responsible for the availability or content of third-party sites.

Your Representations

By using the Site, you represent that you are of legal age to enter into a binding contract and that you are not barred from accessing the Site under applicable laws.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by law, Cloud Water, its affiliates, service providers, licensors, and their respective officers, directors, employees, or agents (collectively, the “Cloud Water Parties”) disclaim all warranties regarding the Site and its content. The Site and all content, products, programs, and services offered through the Site are provided “as is” and “as available.” The Cloud Water Parties are not responsible for any loss or damage arising from the use of the Site or its content.

Under no circumstances shall the Cloud Water Parties be liable to you for any loss or damage arising from access, use, or reliance on our Site, whether direct or indirect, general, special, incidental, consequential, or otherwise. If any part of this limitation is found unenforceable, Cloud Water’s liability shall not exceed one hundred U.S. dollars.

Indemnification

You agree to indemnify and hold the Cloud Water Parties harmless from any claims or demands, including attorney’s fees, made by any third party due to your Site use in a manner not permitted by Cloud Water, including any actual or alleged violation of these Terms of Service.

User-Submitted Content and Conduct

You agree that you will not use our Site to transmit content that violates laws, infringes rights, or is otherwise objectionable. We reserve the right to edit, refuse, move, or remove any user content and may suspend your access in the event of a violation.

User Content License

If you submit user content to our Site, you grant Cloud Water a nonexclusive, royalty-free license to copy, modify, publish, distribute, and prepare derivative works of such content in any medium without obligation to you.

Copyright and Trademark Information

All content on our Site, including Site design, text, graphics, and interfaces, is protected by intellectual property rights. Unauthorized use is prohibited.

Notification of Claimed Copyright Infringement

To report alleged copyright infringement, please contact us with your information, including identification of the material, your contact information, and a statement of good faith.

Arbitration

Any dispute arising from use of our Site or its content shall be submitted to confidential arbitration in New York, NY, as per the American Arbitration Association’s rules. If a claim proceeds in court, we each waive the right to a jury trial.

Governing Law

These Terms of Service and any claims arising out of Site use shall be governed by New York State laws, without regard to conflicts of law principles. You consent to the jurisdiction of New York courts.

Compliance with Laws

You are responsible for compliance with applicable laws. You may not use the Site in any way that violates laws or regulations.

Changes to These Terms

We may modify these Terms of Service at any time. Your continued Site use after modifications constitutes acceptance of the new Terms.

Contact Us

If you have questions about these Terms, please contact us at info@cloudwaterbrands.com.

Effective Date: October 25, 2024