THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM OUR WEBSITES OR APPLICATIONS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITES OR APPLICATIONS IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH HYDROJUG, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITES, APPLICATIONS, OR ANY OF OUR WEBSITES’ OR APPLICATIONS’ CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://thyhydrojug.com, https://hydrojug.com, https://actawear.com, and https://purelyte.com (each, a “Website”) or through one of our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”). These Terms are subject to change by HydroJug, Inc., our subsidiaries, affiliates, and each of our brands, including HydroJug, Acta Activewear, and PureLyte (referred to as “HydroJug,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Websites and in the Applications, and you should review these Terms prior to purchasing any product or services that are available through the Websites or Applications. Your continued purchases of our products and services on or through the Websites or Applications after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Websites and Applications. You should also carefully review our Privacy Notice before placing an order for products or services through the Websites or Applications (see Section 8).
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the applicable HydroJug entity displayed on the Website or in the Application that you use to order from and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have processed your order by emailing our Customer Service Department at one of the following email addresses:
For orders from HydroJug (thehydrojug.com): service@thehydrojug.com
For orders from Acta Activewear (actawear.com): Hello@actawear.com
For orders from PureLyte on purelyte.com: Hello@purelyte.com
All prices posted on the Websites and in the Applications are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (including sales tax, VAT tax, or other similar taxes required by your jurisdiction), tariffs, or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept debit cards and all major credit cards for all purchases (note that we use Shopify as our e-commerce provider, which may provide you with alternative payment options at checkout, such as virtual payment methods through PayPal, AmazonPay, ApplePay, GooglePay, or other similar methods). You represent and warrant that (i) the payment information you supply to us is true, correct and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your credit or debit card company or other financial institution; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Although we attempt to ensure the integrity and accuracy of the information provided about our products on our Websites and Applications, we make no representation, warranty, or guaranty whatsoever as to the correctness or accuracy of the Websites, Applications, or the information about our products on our Websites or Applications. It is possible that the Websites or Applications could contain typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Websites or Applications by third parties. In the event you become aware of any such inaccuracy or other error, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies or other errors on the Websites or Applications without notice. Information on the Websites and Applications may be changed or updated without notice. Additionally, we shall have no responsibility or liability for any information or other content posted to the Websites or Applications by any third-party not affiliated with us.
We have made reasonable efforts to accurately display the colors of the products offered for sale or that otherwise appear on our Websites and Applications. However, the actual colors you will see may depend on your display and other computing equipment, and we cannot guarantee that the display of any color you see will be accurate.
The locations we ship to and expected shipping and delivery times may vary depending on the HydroJug subsidiary, affiliate, or brand you make your purchase from. For more information about shipping for each of our brands, please see:
For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fwhat-is-your-shipping-policy-475250
For orders from Acta Activewear (actawear.com): https://actawear.com/pages/shipping
For orders from PureLyte on purelyte.com: https://www.purelyte.com/help-center/shipping/
We will arrange for shipment of the products to you. Please check the individual brand page for specific delivery options and times and the individual product page for any delivery options that may be applicable to that specific product. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. Shipping and delivery dates listed on our websites or any order confirmation emails are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated on the Websites or Applications as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within the time period specified for that brand or product and provided such products are returned unused, with all original labels and tags, and in their original condition or as otherwise specified on the Websites or Applications. Some clothing items (such as underwear or similar items) may not be returned. For other clothing items, the items must not have been washed or worn, must have all tags attached, and be free of makeup, deodorant, animal hair, or any other similar items. To return products, you must follow the specific instructions for that brand or product to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. More information about the availability of returns and how to return a product can be found at:
For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fhow-do-i-make-a-return-475248
For orders from Acta Activewear (actawear.com): https://actawear.com/pages/exchanges
For orders from PureLyte on purelyte.com: https://www.purelyte.com/help-center/returns-exchanges/
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to inspection before a refund may be issued.
Refunds are processed within approximately ten (10) days after inspection of your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Websites or Applications. WITHOUT LIMITING ANY OTHER RESTRICTIONS POSTED ON THE APPLICABLE WEBSITES OR APPLICATIONS, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITES OR APPLICATIONS AS NON-RETURNABLE OR FINAL SALE, OR THAT DO NOT MEET THE CONDITIONS FOR RETURN.
WE OFFER A LIMITED WARRANTY FOR EACH OF OUR BRANDS THAT GIVES YOU SPECIFIC LEGAL RIGHTS REGARDING YOUR PURCHASE OF THE OUR PRODUCTS AND SERVICES. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY FOR EACH BRAND CAN BE FOUND AT:
For orders from HydroJug (thehydrojug.com): https://www.thehydrojug.com/pages/help-center?hcUrl=%2Fen-US%2Fwarranty-490901
For orders from Acta Activewear (actawear.com): [*]
For orders from PureLyte on purelyte.com: [*]
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY IS A REFUND OF YOUR PURCHASE PRICE OR A REPLACEMENT OF THE DEFECTIVE PRODUCT. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITES OR APPLICATIONS, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and services purchased from the Websites or Applications may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
Unless otherwise agreed to in writing by HydroJug that you are acting as a distributor or retailer for HydroJug products and services, you represent and warrant that you are buying products or services from the Websites or through the Applications for your own personal or household use only (or as a gift to someone for their personal or household use), and not for resale. Unless otherwise agreed upon in writing with HydroJug or directly shipped to another country by HydroJug in accordance with its shipping policies, you represent and warrant that you are not buying products or services from the Websites or through the Applications for export as a new item or, if you do export any items (new or otherwise) that you are solely responsible to ensure the legality of the imported item into the destination country and that that you are solely responsible for any import tariffs, taxes, or other obligations.
We respect your privacy and are committed to protecting it. Our Privacy Notice governs the processing of all personal data collected from you in connection with your purchase of products or services through the Websites and Applications.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
YOU AND HYDROJUG ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITES OR APPLICATIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 11 (the JAMS Rules are available at https://jamsadr.com/rules-comprehensive-arbitration/). You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send HydroJug, Inc. (or its applicable affiliate, subsidiary, or brand), by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. If HydroJug initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or HydroJug, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and HydroJug do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HydroJug may commence an arbitration proceeding or file a claim in small claims court. Except for Mass Arbitration claims described below, the arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit. If you are required to pay a filing fee, after HydroJug receives the notice at the address listed below that you have commenced arbitration, HydroJug will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.
IN ANY DISPUTE OTHER THAN DISPUTES THAT QUALIFY FOR MASS ARBITRATION UNDER THE MASS ARBITRATION PROCEDURES (AS DEFINED BELOW), NEITHER YOU NOR HYDROJUG, INC. OR ITS AFFILIATES, SUBSIDIARIES, OR BRANDS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Except for Mass Arbitration and in accordance with the Mass Arbitration Procedures described below, the arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Sale. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Sale shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.
Mass Arbitration Procedures
If your claim is one of seventy-five (75) or more similar claims intended to be asserted against HydroJug by individual claimants represented by the same law firm or law firms acting in coordination, consistent with the definition of a “Mass Arbitration” set forth in the JAMS Mass Arbitration Procedures and Guidelines (https://www.jamsadr.com/mass-arbitration-procedures, the “Mass Arbitration Procedures”), you and HydroJug hereby agree and acknowledge that the Mass Arbitration Procedures will apply to your claim and other claims that are consistent with the definition of a Mass Arbitration. You and HydroJug hereby agree that the JAMS Consumer Arbitration Minimum Standards apply to the claims, unless the Process Administrator determines such minimum standards or not applicable or should be modified.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HydroJug, Inc.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Websites or Applications. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to HydroJug, Inc.; 107 West 600 North, Suite 1; Ogden, UT 84404; USA or other contact information provided on the applicable Websites or in the applicable Applications. We may update the address for notices to us by posting a notice on the applicable Websites or Applications. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Modified: 10/02/25
These terms of use are entered into by and between you and HydroJug, Inc. and each of its brands, including HydruJug, Acta Activewear, and PureLite (“HydroJug”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the websites https://thyhydrojug.com, https://hydrojug.com, https://actawear.com, and https://purelyte.com, including any content, functionality and services offered on or through these websites (each, a “Website”), whether as a guest or a registered user. Together with any applicable license agreement, these Terms of Use may also govern your use of our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”) that may be used to provide you with an easy interface with which to access our Websites and to purchase our products and services.
Our online stores are hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Please read the Terms of Use carefully before you start to use the Websites or Applications. By using the Websites or Applications, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Websites or Applications.
Our Websites and Applications are offered and available to users who are 18 years of age (or the age of consent in your jurisdiction, if higher) or older. If you are accessing the Websites or Applications on behalf of a corporation, government entity, or other legal entity, you further represent and warrant that you have the right, power, and authority to enter into these Terms of Use on behalf of such corporation, government entity, or other legal entity. By using the Websites or Applications, you represent and warrant that you are of legal age to form a binding contract with HydroJug and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites or Applications.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites and Applications thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Websites or Applications following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Websites, Applications, and any service or material we provide on the Websites or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or Applications, or the entire Websites or Applications, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Websites or Applications.
Ensuring that all persons who access the Websites through your internet connection or access the Applications through your mobile device are aware of these Terms of Use and comply with them.
To access the Websites or Applications or some of the resources they offer, or to make a purchase on or through any of the Websites or Applications, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites and Applications (and purchase on or through our Websites or Applications, if applicable) that all the information you provide on the Websites and Applications is correct, current and complete. You agree that all information you provide to register with the Websites, Applications, or otherwise, including but not limited to through the use of any interactive features on the Websites or Applications, or to make a purchase on our Websites or Applications, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites, Applications or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Websites, Applications, and their entire 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 HydroJug, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless you access the Websites or Applications to make, or potentially make, a purchase of our products and services, these Terms of Use permit you to use the Websites and Applications for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, or Applications, except as follows:
As necessary for your computer or mobile device to access and view those materials.
You may print or download one copy of a reasonable number of pages of the Websites or applications for your own personal or business, non-commercial, use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Websites or Applications.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites or Applications.
You must not access or use for any commercial purposes any part of the Websites, Applications, or any services or materials available through the Websites or Applications.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites or Applications in breach of the Terms of Use, your right to use the Websites and Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites, Applications, or any content on the Websites or Applications is transferred to you, and all rights not expressly granted are reserved by HydroJug. Any use of the Websites or Applications not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The HydroJug, Acta Activewear, and PureLyte names and all related names, logos, product and service names, designs and slogans are trademarks of HydroJug or its affiliates or licensors. You must not use such marks without the prior written permission of HydroJug. All other names, logos, product and service names, designs and slogans on the Websites or Applications are the trademarks of their respective owners.
You may use the Websites and Applications only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites or Applications:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate HydroJug, a HydroJug employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, Applications, or which, as determined by us, may harm HydroJug or users of the Websites or Applications, or expose them to liability.
Additionally, you agree not to:
Use the Websites or Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites or Applications, including their ability to engage in real time activities through the Websites or Applications.
Use any robot, spider or other automatic device, process or means to access the Websites or Applications for any purpose, including monitoring or copying any of the material on the Websites or Applications.
Use any manual process to monitor or copy any of the material on the Websites or Applications or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Websites or Applications.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites or Applications, the server on which the Websites are stored, the server used to provide the Applications, or any server, computer or database connected to the Websites or Applications.
Attack any of the Websites or Applications via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Websites or Applications.
The Websites or Applications may contain product review and similar features (collectively, “Review Features”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites or Applications.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, or Applications, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You also grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use your name, image, and likeness, together with your User Contribution (in whole or in part) as necessary or useful to advertise and promote our Websites, Applications, and products and services on the Websites, Applications, or other websites (including social media sites), and you hereby waive the right to inspect or approve any of your name, image, and likeness for these purposes.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HydroJug, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites or Applications.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or Applications, the personal safety of the public, or could create liability for HydroJug.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites or Applications.
Terminate or suspend your access to all or part of the Websites or Applications for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites or Applications. YOU WAIVE AND HOLD HARMLESS HYDROJUG AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING ENTITIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH ENTITIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Websites or Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Review Features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Applications infringes your copyright, you may request removal of those materials (or access to them) from the Websites and Applications by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Our designated Copyright Agent to receive DMCA Notices is:
[Copyright Agent Name]
[Copyright Agent Address]
[Copyright Agent Phone]
[Copyright Agent Email]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The information presented on or through the Websites or Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites or Applications, or by anyone who may be informed of any of its contents.
The Websites or Applications may include content provided by third parties, including materials provided by other users and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HydroJug, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HydroJug. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Websites or Applications from time to time, but their contents is not necessarily complete or up-to-date. Any of the material on the Websites or Applications may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Websites or Applications is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
All purchases through our site or other transactions for the sale of our products formed through the Websites or Applications or as a result of visits made by you are governed by our Terms of Sale for that brand, which are hereby incorporated into these Terms of Use.
You may link to our Websites’ homepage or a product page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Websites and Applications may provide certain social media features that enable you to:
Link from your own or certain third-party social-media websites to certain content on the Websites.
Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party social-media websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any social-medial page or other website that is not owned by you.
Cause any of the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Websites other than the respective homepages or to specific product pages on the Websites.
Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Websites or Applications contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Websites is based in the state of Utah in the United States. While people outside the United States are welcome to access our Websites (and Applications, when available) and to make purchases through our Websites and Applications, as applicable, we make no claims that the Websites or Applications or any of their content is accessible or appropriate outside of the United States. Access to the Websites, Applications, or the products and services offered on or through them may not be legal by certain persons or in certain countries. If you access the Websites or Applications, or purchase or attempt to purchase any of our products and services on the Websites or Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites or Applications will be free of viruses or other destructive code. 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 Websites or Applications for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES, APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR APPLICATIONS, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITES, APPLICATIONS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITES, APPLICATIONS, AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE HYDROJUG NOR ANY PERSON ASSOCIATED WITH THE HYDROJUG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES OR APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE HYDROJUG NOR ANYONE ASSOCIATED WITH THE HYDROJUG REPRESENTS OR WARRANTS THAT THE WEBSITES, APPLICATIONS, OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, APPLICATIONS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HYDROJUG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE FOREGOING ALSO DOES NOT AFFECT ANY EXPLICITLY STATED WARRANTIES FOR THE ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITES OR APPLICATIONS.
IN NO EVENT WILL HYDROJUG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES, APPLICATIONS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless HydroJug, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites or Applications, including, but not limited to, your User Contributions, any use of the Websites’ or Applications’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites or Applications.
All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
YOU AND HYDROJUG, INC. AND ITS SUBSIDIARIES AND BRANDS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, EXCEPT AS OTHERWISE SET FORTH BELOW UNDER MASS ARBITRATION PROCEDURES. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITES, INCLUDING ANY PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 22 (the JAMS Rules are available at https://jamsadr.com/rules-comprehensive-arbitration/). You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send HydroJug, Inc. (or its applicable affiliate, subsidiary, or brand), by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. If HydroJug initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or HydroJug, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and HydroJug do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HydroJug may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit. If you are required to pay a filing fee, after HydroJug receives the notice at the address listed below that you have commenced arbitration, HydroJug will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.
IN ANY DISPUTE OTHER THAN DISPUTES THAT QUALIFY FOR MASS ARBITRATION UNDER THE MASS ARBITRATION PROCEDURES (AS DEFINED BELOW), NEITHER YOU NOR HYDROJUG, INC. OR ITS AFFILIATES, SUBSIDIARIES, OR BRANDS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Except for a Mass Arbitration and in accordance with the Mass Arbitration Procedures described below, the arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.
Mass Arbitration Procedures
If your claim is one of seventy-five (75) or more similar claims intended to be asserted against HydroJug by individual claimants represented by the same law firm or law firms acting in coordination, consistent with the definition of a “Mass Arbitration” set forth in the JAMS Mass Arbitration Procedures and Guidelines (https://www.jamsadr.com/mass-arbitration-procedures, the “Mass Arbitration Procedures”), you and HydroJug hereby agree and acknowledge that the Mass Arbitration Procedures will apply to your claim and other claims that are consistent with the definition of a Mass Arbitration. You and HydroJug hereby agree that the JAMS Consumer Arbitration Minimum Standards apply to the claims, unless the Process Administrator determines such minimum standards or not applicable or should be modified.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Websites, or the Applications (other than for a product purchase, in which case the applicable terms of sale for that product will apply) that is determined to not be arbitrable in accordance with Section 22 shall be instituted exclusively in the Federal Courts of the United States or the courts of the State of Utah in each case located in the City of Ogden and County of Weber, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by HydroJug of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HydroJug to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Notice, and Terms of Sale constitute the sole and entire agreement between you and HydroJug with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.
Our Websites are operated by HydroJug, Inc.; 107 West 600 North, Suite 1; Ogden, UT 84404; USA
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: support@thehydrojug.com.
Last Updated: 10/16/25
This document was last updated on October 16, 2025.
