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TERMS AND CONDITIONS

1. INTRODUCTION

These general terms and conditions (the "Terms") govern the order and purchase by you of Equilibrium Water, Inc. Custom- Printed Bottled Water (“Product, Service and/or Merchandise”) directly from us or through one of our brokers.

By placing an order for Product, Service and/or Merchandise (“Product”), you accept and agree to be bound by these Terms.

2. PRODUCT ORDERS

a. Pricing. Pricing, payment and other terms applicable to the Product purchases are set forth on the Invoice offered to you by Equilibrium Water, Inc. or one of the brokers and may, in its sole discretion, change any such prices or other terms at any time without prior notice.

b. General Requirements. By placing an order, you represent and warrant to Equilibrium Water, Inc. or its brokers that:

· You are at least eighteen years of age (nineteen in Alabama and Nebraska; twenty-one in Mississippi);

· If you are an individual consumer, the Product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes;

· If you are a business, the Product is being ordered solely to promote your own products or services by distributing the Product to customers and others at no cost to the recipient as business gifts, services or advertising items;

· You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product. For some suggested Best Practices concerning Product quality assurance, see instructions on the label. Do not place the bottles in any liquid or ice as they may damage the labels on the bottles upon direct contact;

· You will not submit any "objectionable" material for inclusion on the Product. Some examples of objectionable materials are obscenities, discriminatory remarks, racist content, extreme religious content, slanderous or derogatory content, adult content, etc.;

· The material you submit for inclusion on the Product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party ;

· You are solely responsible for and assume all liability arising from material that you request to be included on the Product. The fact that we produce the Product does not mean that (1) we approve or endorse such material, or (2) such material complies with applicable law, or (3) you will not incur any liability arising from use of such material.

c. Product Orders. Orders for the Product requesting use of a logo, trademark, tradename or other third party mark require a separate agreement with Equilibrium Water, Inc. or its brokers, which is available upon request.

d. Order Acceptance. All orders are subject to acceptance by Equilibrium Water, Inc. Equilibrium Water, Inc. must and does reserve the absolute right to reject orders in its sole discretion.

3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS

a. Adding Items and Changes to Existing Orders.

You may add to or change your order only ten business days before the delivery date. You will be charged $50.00 each time you decide to make changes to the art work.

Call 1-800-717-1758 and one of our customer care representatives will gladly assist you with your changes.

b. Canceling Your Order

40% cancellation fee applies if you cancel your order anytime after you have fully or partially paid for our services. No refund if cancelled within ten business days of the delivery date to you or to the broker.

Call 1-800-717-1758 and one of the customer care representatives will gladly assist you with your cancellation order.

4. CUSTOMER SERVICE: SHIPPING & RETURNS

The Product may not be returned for credit. If your Product order arrives damaged or incomplete and you notify us of the problem within 48 hours after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product.

For other information concerning shipping and returns, please call us at 1800-717-1758.

5. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if Equilibrium Water, Inc. or its broker is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, Equilibrium Water, Inc. or its broker will not be liable for damages resulting from such delay or prevention. Equilibrium Water, Inc. or its broker will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Equilibrium Water, Inc., its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product orders, (ii) Product orders made by any third party affiliated to you, (iii) your use, handling, repackaging, storage and/or distribution of the Product, and/or (iv) breach of any provision of these Terms by you or any third party affiliated to you.

7. MODIFICATIONS

Equilibrium Water, Inc. may change, suspend or discontinue all or any aspect of its services at any time, including, without limitation, the processing of orders for Product and the availability of any information, without prior notice or liability. Equilibrium Water, Inc. reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

8. WARRANTY DISCLAIMER

Equilibrium Water, Inc. PROVIDES THE PRODUCT AS IS AND WITH ALL FAULTS; AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Equilibrium Water, Inc. AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT.

9. LIMITATION OF LIABILITY

In no event will Equilibrium Water, Inc. be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of the product, even if Equilibrium Water, Inc. has been advised of the possibility of such damages.

10. GOVERNING LAW

Everything offered by Equilibrium Water, Inc. is controlled by Equilibrium Water, Inc. from its office(s) within the state of California. The above Terms shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions. You, hereby, agree to submit to the jurisdiction of the state of California for any and all disputes, claims, and actions arising from or in connection with the information or services provided to you by Equilibrium Water, Inc.

11. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. The terms above may only be changed by Equilibrium Water, Inc.

Rev 070728