Brand Water, LLC. Terms and Conditions
Agreement between User and https://www.brandwatermedia.com
Welcome to https://www.brandwatermedia.com. The https://www.brandwatermedia.com website
(the “Site”) is comprised of various web pages operated by Brand Water LLC..
https://www.brandwatermedia.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
https://www.brandwatermedia.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
https://www.brandwatermedia.com is a Business Site.
The purpose of https://www.brandwater.com is to promote Brand Water, LLC. services.
Visiting https://www.brandwatermedia.com or sending emails to Brand Water LLC. constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
Children Under Thirteen
Brand Water LLC. does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
https://www.brandwatermedia.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.brandwatermedia.com may contain links to other websites (“Linked Sites”). The
Linked Sites are not under the control of Brand Water LLC. and Brand Water LLC. is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Brand Water LLC. is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Brand Water LLC. of the site or any association with its operators.
Certain services made available via https://www.brandwatermedia.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
https://www.brandwatermedia.com domain, you hereby acknowledge and consent that Brand
Water LLC. may share such information and data with any third party with whom Brand Water
LLC. has a contractual relationship to provide the requested product, service or functionality on
behalf of https://www.brandwatermedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of your use of the Site, you warrant to Brand Water LLC. that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Brand Water LLC. or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Brand Water LLC. content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Brand Water LLC. and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Brand Water LLC. or our licensors except as expressly authorized
by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Brand Water LLC. has no obligation to monitor the Communication Services. However, Brand
Water LLC. reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Brand Water LLC. reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
Brand Water LLC. reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Brand Water LLC.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Brand Water LLC. does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Brand
Water LLC. specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized Brand Water LLC. spokespersons, and their views do not necessarily reflect those
of Brand Water LLC..
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to https://www.brandwatermedia.com or Posted on Any Brand Water
LLC. Web Page
Brand Water LLC. does not claim ownership of the materials you provide to
https://www.brandwatermedia.com (including feedback and suggestions) or post, upload, input or
submit to any Brand Water LLC. Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting Brand Water LLC., our affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
No compensation will be paid with respect to the use of your Submission, as provided herein.
Brand Water LLC. is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Brand Water LLC.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by Brand Water LLC. from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Brand Water LLC. Content
accessed through https://www.brandwatermedia.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Brand Water LLC., its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Brand Water LLC. reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Brand Water LLC. in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BRAND WATER LLC. AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRAND WATER LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BRAND WATER LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BRAND WATER LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BRAND WATER LLC. OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Brand Water LLC. reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Florida and you hereby
consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Brand Water LLC. as a result of this agreement or use of the Site. Brand Water LLC.’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Brand Water LLC.’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Brand Water LLC. with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Brand Water LLC. with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Brand
Water LLC. with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Brand Water LLC. reserves the right, in its sole discretion, to change the Terms under which
https://www.brandwatermedia.com is offered. The most current version of the Terms will
supersede all previous versions. Brand Water LLC. encourages you to periodically review the
Terms to stay informed of our updates.
Brand Water LLC. welcomes your questions or comments regarding the Terms:
Brand Water LLC.
310 Orange Street, Suite 460
Ozona, Florida 34660
Effective as of August 01, 2020