Nursery® is a distilled remineralized water processed by steam distillation and is available in convenient 3.78- and 4-liter bottles.
Nursery® is a distilled remineralized water processed by steam distillation and is available in convenient 3.78- and 4-liter bottles.
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“DS Services,” Alhambra®, Deep Rock®, Belmont Springs®, Crystal Springs®, Hinckley Springs®, Kentwood Springs®, Mount Olympus®, Sparkletts®, Sierra Springs®, Athena®, Nursery® , Standard Coffee®, Javarama®, Relyant® and PolyCycle Solutions™ and any other service names, logos or slogans that may appear on the Sites are trademarks of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of DS Services without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by DS Services.
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PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DS SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and DS Services agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to DS Services shall be sent by certified mail or courier to DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N, Atlanta, Georgia 30339. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and DS Services cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DS Services may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 11 OR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND DS SERVICES AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DS SERVICES WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DS SERVICES WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and DS Services agree that (a) any arbitration will occur in Cobb County, Georgia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Cobb County (for state) and Fulton County (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.