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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE AT WWW.MYREPLENISH.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THIS WEB SITE.

Thank you for visiting and using this Site, www.myreplenish.com, which is owned and operated by Replenish Bottling LLC (“Replenish”)headquartered in West Hollywood, California, U.S.A. This document details Replenish’s Terms of Use for this Site (“Terms”). By visiting, accessing, browsing, or otherwise using this Site, you acknowledge that you have read, you understand, and you agree to be bound by these Terms; and that you agree to comply with all applicable laws and regulations governing your activities on this Site; and that you are at least thirteen (13) years old or that you have the permission of your parent or guardian to use this Site. This is a legally binding agreement. If you do not agree with the Terms, you may not use this Site.

Using this Site also constitutes your acceptance of most current version of the Replenish Privacy Policy. All of these documents are posted on this Site, and are accessible to all visitors by hypertext links on the Site footer and elsewhere. Please take a moment to familiarize yourself with all the terms of use and policies referenced above, as they contain important notices and requirements that govern your use of this Site.

If you have any questions about these Terms, please contact:

Replenish Bottling LLC
1041 N Formosa Avenue
Santa Monica Building, Suite 225
West Hollywood, CA 90046
Info@myreplenish.com

Proprietary Rights

You acknowledge and agree that all materials, information, and content, including text, pictures, marks, logos, graphics, software, products, materials, services and other files available on the Site, and the selection and arrangement thereof, (collectively “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and that all right, title and interest in and to all such Content are owned by or licensed to Replenish. Replenish reserves all rights not expressly granted to you in these Terms.

You may print or download one unmodified copy of Content from the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You may not "mirror" any Content contained on the Site on any other server without prior written permission from Replenish and may not engage in “framing” any Content contained on any one or more of the Sites on or through another website without prior written permission from Replenish.

Except as expressly stated above, you may not reproduce, duplicate, copy, sell, trade, modify, combine, resell or exploit for any commercial or noncommercial purposes, any Content, in whole or in part, use of the Site, and/or access to the Site. Use of the Content for any purpose not expressly permitted in these Terms without first obtaining the express written permission of Replenish is strictly prohibited.

Use of the Site

Replenish may currently or in the future enable visitors to the Site to post or upload comments, information, questions, and other materials. If at any time such functionality is made available on the Site, you will be responsible for all Content that you upload, submit, post, e-mail, or otherwise transmit using the Site or services. Likewise, you will be responsible for respecting Replenish’s and third parties' rights with respect to Content that appears on the Site and not to download, e-mail, or otherwise transmit such Content in violation of Replenish’s and third parties' rights.

You agree not to use the Site or services to:

  • Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity.
  • Submit, upload, post, e-mail, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, or racially, ethnically, or otherwise offensive.
  • Impersonate another person or entity, including without limitation, a representative of Replenish or its officers, directors, employees, or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or services.
  • Submit, upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.
  • Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
  • Collect or store personal data with respect to third parties except as contemplated by these Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
  • Directly or indirectly, intentionally or otherwise disrupt or interfere with the Site or services in any.
  • Submit, upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
  • Submit, upload, post, e-mail, or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
  • Use any kind of device, code, or automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site, to break into any of its servers, to circumvent or overcome the security features of the Site, to gain access to any other registered user’s account, or to exceed your scope of authorized access the Site or other Replenish service.

Grant of License

In the event you post or submit Content to the Site, you grant Replenish, its partners, and related organizations, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display, and promote the Content, or any part thereof, with the right to sublicense same, in any and all formats now known or hereinafter used.

You warrant and represent that you own or otherwise control all of the rights in and to the Content, or are otherwise authorized to reproduce and distribute the Content and grant Replenish the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your Content by Replenish will not infringe or violate the rights of any third party.

Links to Other Websites

The Site may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Replenish with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Replenish is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon.

Notice of Infringement or Other Violations

Replenish respects the intellectual property and other rights of others, and we ask our content partners and users posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright or trademark infringement, you may notify Replenish by providing our copyright agent (identified below) with the following information:

  • Your electronic or physical signature.
  • A description of your work that you claim has been infringed and a description of the infringing activity, including identification of the location where your original or an authorized copy of the work exists, for example, the URL of the websites where it is posted, the name of the book in which it has been published, or any URL evidencing your ownership or registration of trademarks, if applicable .
  • Identification of the URL or other specific location on the Site where the material that you claim is infringing is located; such identification must include enough information to allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement by you that the disputed use is not authorized by you or the law.
  • A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement on the Site can be contacted as follows:

Replenish Bottling LLC
1041 N Formosa Avenue
Santa Monica Building, Suite 225
West Hollywood, CA 90046
Info@myreplenish.com

Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION OR COMPATIBILITY, UPTIME, AND INFORMATIONAL CONTENT. REPLENISH AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT OR THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE MAY BE OUT OF DATE, AND REPLENISH MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT ON THE SITE. REPLENISH DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. REPLENISH DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES, SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REPLENISH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, EXCEPT THAT REPLENISH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Any products purchased on or through the site shall be subject to their own warranty terms, which are not addressed or modified in the disclaimers and limitations in these terms.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REPLENISH AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF REPLENISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE, ANY WEB SITES LINKED TO OR FROM THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION CONTAINED IN OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE SITE, CONTENT, SOFTWARE, OR OTHER WEB SITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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, EXCEPT THAT REPLENISH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Replenish, its successors and assigns, related or affiliated organizations and licensors; and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Site or violation of these Terms. Replenish reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with Replenish in asserting any available defenses.

Notice of Changes

Replenish may update or change these Terms. If such a change is made, Replenish will post the revised Terms on this Site. Replenish reserves the right to add to, change, or terminate the products and services offered on this Site at any time. You understand and agree that Replenish may from time to time establish and revise practices and limitations concerning your use of the Site and services offered on the Site. You must periodically review these Terms to remain in compliance with the most current requirements.

Termination

Replenish reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Cause for such termination shall include, but not be limited to:
(a) breaches or violations of the Terms or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Site (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities,
(h) nonpayment of any fees, if any, owed by you in connection with the Site or services offered through the Site, and/or
(i) Replenish’s sole convenience without obligation.

Use and Disclosure of Information

You acknowledge, consent and agree that Replenish may access, preserve, and disclose your account information and any Content submitted or posted to the Sites if required to do so by law, by subpoena or court order, or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any such Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of Replenish, its users, and the public.

Choice of Law, Jurisdiction and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be the state or federal courts located in California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, these Terms and the Replenish Privacy Policy constitute the entire agreement between you and Replenish with respect to your access and use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Replenish with respect to this Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

Replenish’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Replenish in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

Last updated:15 June 2010

Our flagship product is an eco-friendly, all-purpose household cleaner in a reusable bottle that makes concentrates easy to use, is safer for the environment and saves money for consumers and retailers. We are committed to providing smart, innovative solutions for happier homes and a healthier planet. Replenish products are developed and manufactured in the United States.