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Nursery_® Water

Nursery_® is a purified water processed by steam distillation and is available with and without added fluoride. It is packaged in convenient 1- and 2.5-gallon bottles.

General Terms of Use

Updated September 1, 2016

Welcome! DS Services of America, Inc. and its affiliates are a national direct-to-consumer provider of bottled water, office coffee and water filtration services via a full portfolio of great American brands, such as Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sparkletts^® Sparkling Water, Sierra Springs^®, Athena^®, Nursery_®, Standard Coffee^®, Javarama^® and Relyant^®. We also produce and distribute bottles of various sizes and shapes through our PolyCycle Solutions^_{_™} brand. DS Services of America, Inc., its brands and affiliates are collectively referred to in these Terms of Use as “DS Services“, “we“, “us” or “our“. These Terms of Use are important and affect your legal rights, so please read them carefully.

1. Acceptance of Terms of Use

By accessing and using our websites and mobile applications that link to these Terms of Use (collectively, our “Sites”), you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not access our Sites or order, receive or use the products and services made available through the Sites. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the beginning of these Terms of Use. By continuing to access or use the Sites, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites.

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

3. Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and (d) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

4. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. By creating an account with us, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

5. Online Payments

By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to your instructions. You also represent and warrant that you are authorized to use the designated payment method. DS Services reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send DS Services a payment authorization, you authorize DS Services to charge your transaction account and remit funds on your behalf. DS Services anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond the control of DS Services, some transactions may take more than two (2) business days to post. Therefore, DS Services should receive payment authorizations at least three (3) business days before the actual payment due date. If you send a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by DS Services if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and DS Services may charge you for any returned credit/debit card charges. DS Services does not charge you any additional fees for submitting online payments; however, you may incur charges from your financial institution to make these payments.

6. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein (collectively, “Content”) are the proprietary property of DS Services or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms of Use and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of DS Services or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms of Use, the Sites and Content may include software components provided by DS Services or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

7. Copyrights

The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by DS Services and are protected by United States and international copyright laws and regulations. In addition, DS Services owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of DS Services. DS Services does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

8. Trademarks

“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.

9. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray DS Services or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DS Services logo or other proprietary graphic of DS Services to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DS Services trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent. Links to non-DS Services websites are provided solely as pointers to information on topics that may be useful to you. DS Services makes no representation or warranty, either expressed or implied, about the content of any non-DS Services website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-DS Services websites do not imply that DS Services endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-DS Services websites.

10. Third Party Content

We may display content, advertisements and promotions from third parties through the Sites (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

11. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Use and will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and DS Services;
Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
Develop any third party applications that interact with User Content or the Sites without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or
Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.

12. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about DS Services, the Sites or any of our products or services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of DS Services. DS Services shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Site Disruptions

DS Services is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DS Services. Furthermore, DS Services is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.

14. Disclaimer of Warranties

WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DS SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DS SERVICES, OR FROM EVENTS BEYOND DS SERVICES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BLUE APRON PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF DS SERVICES FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

16. Modifications to the Sites

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time.

17. Dispute Resolution; Arbitration

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.

a. Binding Arbitration

You and DS Services each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms of Use, the Sites or the Content, resolved in a court and by a jury trial. Instead, you and DS Services agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms of Use. The foregoing waivers shall not apply to any 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.

b. No Class Arbitrations, Class Actions or Representative Actions

You and DS Services agree that any Dispute arising out of or related to these Terms of Use, the Sites or the Content is personal to you and DS Services and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and DS Services agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and DS Services agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

c. Federal Arbitration Act

You and DS Services agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

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.

e. Process

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.

f. Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

g. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

h. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first visit the Sites (and thus accept these Terms of Use) by writing to: DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

18. Governing Law and Venue

These Terms of Use and your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved in the states courts of Cobb County, Georgia or the federal courts of Fulton County, Georgia.

19. Termination of Access

Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites at any time and for any or no reason.

20. Severability

If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms of Use.

21. Miscellaneous

These Terms of Use constitute the entire agreement between you and DS Services relating to your access to and use of the Sites. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DS Services. No waiver of any provision of these Terms of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DS Services’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Nursery_® Water

Nursery_® is a purified water processed by steam distillation and is available with and without added fluoride. It is packaged in convenient 1- and 2.5-gallon bottles.

Privacy Statement

EFFECTIVE DATE: October 19, 2016

Welcome! DS Services of America, Inc. and its affiliates are a national direct-to-consumer provider of bottled water, office coffee and water filtration services via a full portfolio of great American brands, such as Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sparkletts^® Sparkling Water, Sierra Springs^®, Athena^® water, Nursery_® water, Standard Coffee^®, Javarama^® and Relyant^®. We also produce and distribute bottles of various sizes and shapes through our PolyCycle Solutions^_{_™} brand. DS Services of America, Inc., its brands and affiliates are collectively referred to in this privacy statement as “DS Services“, “we“, “us” or “our“. This privacy statement is intended to help you understand what information we collect, how we use it, what choices you have and other important information. Although some of the concepts are technical in some cases, we tried our best to explain things in a straightforward and transparent way. If you have any questions or comments about this privacy statement or the ways in which DS Services uses the information it collects, please do not hesitate to contact us using the information provided in the “CONTACT US” section at the bottom of this privacy statement.

Scope of our Privacy Statement

WHEN THIS PRIVACY STATEMENT APPLIES

This privacy statement applies to information collected through:

Water.com and any other websites, mobile apps or other online products and services that display or link to this privacy statement (collectively, “online environments“); and
Offline services, including our customer care center and door-to-door sales activities (collectively, “offline environments“).

This privacy statement also applies to our use of information shared with us by other sources for our own purposes. No matter how we obtain the information referenced above, this privacy statement only applies to information collected from or relating to consumers or prospective consumers. For purposes of this privacy statement,” consumers” are individuals who seek or acquire our products and services, or access our online environments, for personal, family, or household purposes.

WHEN THIS PRIVACY STATEMENT DOES NOT APPLY

This privacy statement does not apply to:

Websites, mobile apps or other products and services that have their own privacy statement or policy;
Websites, mobile apps or other products and services that do not display or link to this privacy statement;
Information collected from and relating to retail customers, distributors or other business partners – in other words, not consumers; and
Information collected for employment-related or business-to-business related purposes.

If you have any questions as to whether this privacy statement applies to you, please do not hesitate to contact us using the information provided in the “CONTACT US” section at the bottom of this privacy statement.

Information We Collect

We collect information in a few different ways: (i) information you submit or give us permission to obtain; (ii) technical information collected automatically; and (iii) information provided by our partners. Each of these ways is discussed below.

INFORMATION YOU SUBMIT OR GIVE US PERMISSION TO OBTAIN

We collect information from you when you choose to provide it to us through our online or offline environments. For example, if you:

Order our products and services or create an account with us, you may provide us with information such as your name, postal address, email address, payment information, what you ordered and any other information you choose to provide;
Request support or customer service or submit an inquiry, you may provide us with information such as your name, contact information, the subject of your inquiry, service and account information, message content and any other information you choose to provide;
Sign up to receive information about our products and services, you may provide us with information such as your name, contact information, the product or service you are interested in and any other information you choose to provide;
Respond to surveys or participate in contests or other promotions, you may provide us with your survey responses, contact information and any other information required to complete the survey or participate in the contest or other promotion; or
Post information to message boards or discussion forums accessible through our online environments, you provide us with any information you choose to post.

We also collect information from you when you give us permission to access it. For example:

If you access our online environments through your mobile device (for example, via a mobile app or your device’s browser), you may give us access to location data.
If any of our online environments allow you to login to an account with us using your Facebook, Twitter or other social media account (collectively, “social media accounts“), you may give us permission to access information in those social media accounts (like your birthday, email address, friends or contacts). The information we get from these social media accounts depends on your settings or the privacy statements or policies applicable to these accounts, so be sure to check them. Any information that you allow us to get from your social media accounts will be subject to this privacy statement.

TECHNICAL INFORMATION COLLECTED AUTOMATICALLY

We may collect certain technical information about your visits to our online environments without you actively submitting such information. This information can make your use of our online environments easier and more meaningful by allowing us to provide better service, customize our online environments based on consumer preferences, compile statistics, provide you with more relevant advertisements, analyze trends and otherwise administer and improve our online environments. As discussed in the “HOW DS SERVICES AND OUR PARTNERS USE COOKIES FOR ADVERTISING” section below, such information may also be collected by our advertising vendors and other partners. Some of the types of technical information collected automatically when visiting our online environments include:

Log Data. When you use our online environments, our servers automatically record information (“log data“), including information that your browser or mobile app sends whenever you visit or use our online environments. This log data may include your Internet Protocol address, the address of the web pages you visited that had DS Services features, browser type and settings, the date and time of your request, how you used our online environments and cookie data;
Cookie Data. Depending on how you are accessing our online environments, we may use “cookies” (a small text file sent by your device each time you visit our websites, unique to your DS Services account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to remember your personal preferences, such as sections of our online environments that you visit frequently, your user ID or other settings so you don’t have to set them up every time you visit our online environments. Some of the cookies we use are associated with your DS Services account (including information about you, such as the email address you gave us), and other cookies are not. Please see the “HOW DS SERVICES AND OUR PARTNERS USE COOKIES FOR ADVERTISING” section below for more information; and
Device Information. In addition to log data, we may also collect information about the device you are using to access our online environments, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. For example, different types of information are available depending on whether you are using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

INFORMATION PROVIDED BY OUR PARTNERS

Our advertising vendors and other partners may share with us the information they collect. For example:

Our advertising vendors may share information with us regarding our ads on websites or apps where such ads run to measure and improve those ads, including information like whether clicks on ads led to purchases or a list of criteria to use in targeting ads.
We may obtain information from our other partners, such as co-sponsors who we may occasionally partner with to run special contests or other co-branded promotions.
We may obtain information from other commercially available sources such as data aggregators, marketing firms and public databases, to provide us with additional information about our existing consumers (this is known as “data appending“). This information may include name, demographic information, contact information, interests, and publicly-observed data, such as from social media and shopping behavior.
We may receive information about consumers when we acquire part or all of other companies.

We may also combine the information we collect through one or more of our online environments with information we collect through other online environments. We may also combine information collected through our online environments with information collected through our offline environments, as well as with information provided by our partners. We use this consolidated information to help us improve our online environments, products and services, communicate information to you, enhance our marketing and research activities and engage in any other uses described in the “HOW WE USE THE INFORMATION WE COLLECT” section below.

How We Use the Information We Collect

We use the information we collect to provide our products and services to you, improve our products and services, develop new products and services and protect ourselves and our consumers. If you make a purchase through our online or offline environments and authorize us to use your credit or debit card information, we will use this information to charge you as authorized. In these situations, we may also save your payment information and contact information so that you can use them the next time you want to order something from us. If you register or open an account with us, the information we collect may be used to maintain your account, provide you with access to some features of our online environments or offer you the benefits and privileges that typically come along with account registration. This may include purchasing products or services, use of exclusive or personalized content or activities (such as message boards) and participation in special events and promotions (contests, sweepstakes, coupons, etc.). We also use the information we collect for other legitimate business purposes, such as to:

Send you advertisements, notices and other information regarding our products and services, including notifying you about special promotions;
Respond to your inquiries or support requests;
Invite you to participate in surveys regarding our products or services;
Determine your eligibility for, and to register you in, our contests and other promotions, fulfill and deliver prizes and contact you regarding such contests or other promotions;
Furnish and maintain our online environments; and
Secure our networks and online environments.

We may also use the information we collect to offer you customized content, including to:

Recognize new or past visitors to our online environments;
Remember your personal preferences;
Show you more relevant and meaningful advertisements;
Better understand the interests of our consumers and visitors to our online environments; and
Conduct research and analyze the use of our online environments, products, services and advertisements.

Some of our applications and mobile-optimized online environments may have location-based features. To deliver these features, we may access and use location data provided by your mobile device. For example, we may offer shopping features that allow you to get information about local merchants. Location information will be collected solely to deliver the requested feature, and it will not be further retained or stored by us. From time to time, we may be approached by reputable third party companies and organizations that provide products or services that we believe may be of interest to you. To extend these products or services to you, we may use your information to send out notices on their behalf. We see this as a value-added service helping you find other useful products or services.

Finally, in certain limited circumstances, we may be called upon to release the information we collect in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the potentially-sensitive nature of the information they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting consumers who violate our rules or engage in behavior that is illegal or harmful to others or their property.

HOW DS SERVICES AND OUR PARTNERS USE COOKIES FOR ADVERTISING

We use common tools, such as cookies and similar technologies (discussed in the “TECHNICAL INFORMATION COLLECTED AUTOMATICALLY” section above), to collect information about consumers’ use of our online environments for purposes of enhancing their online experience and delivering more meaningful advertisements. Like many companies, we may also utilize third party advertising vendors and other partners to collect this information. One way in which we deliver more meaningful advertisements is through a common form of online advertising known as “retargeting” or “remarketing.” Retargeting works by serving ads on one site based on consumer’s online activities on a different site. For example, if you visit pages on our online environments relating to Hinckley Springs^® products, you may later see advertisements for Hinckley Springs^® products when you visit third party websites. To do this, DS Services or our advertising vendors may use a device ID, cookie or similar technology placed by us or the advertising vendor when you visit our online environments or third party websites or apps. The placing of these cookies or other technologies on your device may enable you to be identified across multiple websites and you should consult the privacy policies of our advertising vendors to understand how they collect and use your data. Your ability to control the use of tracking tools, such as cookies, and opt-out of retargeting activities is described in the “CHOICES YOU HAVE ABOUT YOUR INFORMATION” section below. In addition, we may also extract an email address provided by you in a partially-completed online form for purposes of sending you advertisements relating to our products and services. For example, if you begin to order a Deep Rock^® product through an online environment and input your email address during the check-out process, but do not complete the order, we may extract the email address provided and use it to send you information regarding Deep Rock^® products and services.

When We Share Your Information & Our Relationship to Third Parties

We may use third parties to perform a variety of functions on our behalf and we may provide some co-branded services in partnership with others. We may also use third parties to analyze data collected through our online environments. If we allow a third party vendor to have access to your personally identifying information, we will not authorize them to take it or use it for any purpose that is not consistent with this privacy statement.

Cookies and Similar Technologies. As discussed above, we may partner with third party advertising vendors to manage our advertising on other websites and apps. Our advertising vendors may use a device ID, cookie or similar technology to collect information about your activities on our online environments to provide you retargeted ads on other websites and apps. If you do not want this information used for the purpose of serving you retargeted ads, you can opt out here or here. Please note that opting out of receiving retargeted ads will not prevent you from being served advertisements generally.
Vendors and Suppliers. We have relationships with different vendors and suppliers who help us design and maintain our online environments, systems and computer security, respond to consumer inquiries, fulfill orders, analyze our data, create special promotions and engage in any other information uses described in this privacy statement.
Co-Branding and Co-Marketing. We may partner with other companies to provide you with products, services or content on a joint or “co-branded” basis. If we offer co-branded products, services or content, you will see both our logo and the logo of the co-branded partner. As part of accessing or using our co-branded products, services or content, we will collect information from you (see the “Information We Collect” section above for an explanation of the information we may collect) which information may be shared with our co-branded partners and used by them to market their products, services or content to you or to provide customer service to you. You should read the individual privacy statements of our co-branded partners, as these may differ in some respects from ours. Reading these statements will help you to make an informed decision about whether to provide your information. Remember, you can always opt-out of sharing your information with a co-branded partner by choosing not to use the product, service or content provided by us and the co-branded partner.
Legal Requests and Preventing Harm. If we believe that disclosure of information is required by law or in response to a legal request; to protect the safety, rights, or property of the public, any person, or DS Services; or to detect, prevent, or otherwise address fraud, security or technical issues.
Change of Ownership or Control. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this privacy statement.

OTHER IMPORTANT INFORMATION ABOUT OUR RELATIONSHIP WITH THIRD PARTIES

Links to Other Sites. We may also feature links to websites that we believe you might find useful and informative. Please be aware, however, that we do not endorse or recommend these sites’ content, products or services, and we are not responsible for the privacy practices of these other sites. We encourage you to be aware of and read the privacy policy or statement of each site you visit. Remember, this privacy statement applies solely to information collected or used by DS Services.
Social Media Plugins. Our online environments may use social media plugins (for example, the Facebook “Like” button or “Share to Twitter” button) to enable you to easily share information with others. When you visit our online environments, the operator of the social plugin can place a cookie on your device, enabling that operator to recognize individuals who have previously visited our online environments. If you are logged into the social media website (for example, Facebook, Twitter, Google+) while browsing on our online environments, the social plugins allow that social media website to receive information that you have visited our online environments. The social plugins also allow the social media website to share information about your activities on our online environments with other users of their social media website. For example, Facebook Social Plugins allow Facebook to show your “Likes” and comments on our online environments to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on our online environments. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.

Choices You Have About Your Information

You may always limit the amount and type of information that we collect from you by choosing not to enter or provide any information requested from you on our online and offline environments (for example, offline and online order forms, support requests and requests made by our call center agents). However, some of our products and services can only be provided to you if you provide us with requested information. Some of the products and services offered through our online and offline environments may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional products and services that may be of interest to you. You can opt out of marketing emails we may send to you by following the “unsubscribe” instructions provided in such emails. If you opt out of our marketing emails, we may still send you transactional and relationship emails, such as emails about your orders and account. You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want our online environments to use tracking technologies, such as cookies, to “remember” the information collected on return visits, such as user IDs or mailing addresses; however, the tracking technologies used to collect unidentifiable information generally do not provide you with the ability to opt out of the tracking technologies. In addition, you may be able to control the use of tracking tools and limit retargeting activities as follows:

Controlling Tracking Tools. Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. For more information about cookies and how to refuse them, visit here and here. To control flash cookies, which we may use on certain online environments from time to time, you can go here (note, this separate link is provided because flash cookies cannot be controlled through your browser settings).
Opting-Out of Retargeting Activities. The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes and receiving behavioral advertisements from our advertising partners, including retargeting advertisements, click here or here. Choices you make are both browser and device-specific. Also, certain versions of the iOS operating system permit you to “Limit Ad Tracking” in the system settings, and certain versions of the Android operating system allow you to “Opt out of Interest-Based Ads” in the system settings.

DO-NOT-TRACK SIGNALS AND SIMILAR MECHANISMS

Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. As of the Effective Date of this privacy statement, an industry standard has not yet been established on how to respond to these signals. Therefore, we do not currently respond to these signals, but we may reassess our response approach once a standard is established.

How You Can Access and Correct Your Information

You can access, change or remove certain information previously provided to us upon request by contacting our Customer Care team using the information provided in the “CONTACT US” section at the bottom of this privacy statement. For record keeping and compliance purposes, we will retain certain information collected from you.

How We Secure Your Information

We have instituted physical, technical and procedural safeguards to store and maintain information we collect in a secure environment. You may also be required to use a password to access certain pages on our online environments where certain types of your information can be changed or deleted. It is therefore important for you to protect against unauthorized access to your password and to your device. You take full responsibility for maintaining the complexity and confidentiality of your password. While we have implemented safeguards, you should be aware that absolute security under all circumstances is not possible. You should also be aware that Internet security technology rapidly changes and we cannot guarantee that the safeguards we employ today can protect your information from the threats of tomorrow.

Message Boards and Discussion Forums

Some of our online environments may allow you to share comments or other information. Any information that you may disclose through message boards, discussion forums, blogs or on other public areas on our online environments becomes public information.

Our Policy on Children’s Information

We do not knowingly collect or use any information from children (we define “children” as minors younger than 13) on our online or offline environments. We do not knowingly allow children to order our products or services, communicate with us or use any of our online environments. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

Your California Policy Rights

Information collected from you may be shared among and between the DS Services brands and affiliates, many of which do not share the DS Services name, for their own direct marketing purposes. If you would like to learn more about the types of information we share and who we share it with, please do not hesitate to contact us using the information provided in the “Contact Us” section at the bottom of this privacy statement.

International Transfers

Our online and offline environments are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access our online and offline environments, we make no representation that such environments are operated in accordance with the laws or regulations of, or governed by, other nations. Please be aware that by accessing our online and offline environments, or providing us with information, you understand and agree that:

Information collected from you may be transferred to and stored on servers located outside your jurisdiction;
To the extent you are a resident of a country other than the United States, you consent to the transfer of such information to the United States for our use in accordance with this privacy statement; and
This privacy statement, and the collection and use of information pursuant to this privacy statement, shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

Providing us with information or continuing to use our online or offline environments indicates that you are agreeing to the collection, use, disclosure, management and storage of information collected from you as described in this privacy statement.

Changes to This Privacy Statement

We reserve the right to amend this privacy statement without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If we change our privacy practices, a new privacy statement will reflect those changes and the effective date of the revised privacy statement will be set forth at the top of this privacy statement.

Contacting Us

If you have any questions or comments about this privacy statement or the ways in which we use information subject to this statement, please do not hesitate to contact us by:

Clicking on the “Contact Us” link on the online environment you are visiting;
E-mailing our Customer Care team at customerservice@dsservices.com;
Calling our Customer Care team at 1-800-444-7873; or
Writing to us at DS Services, 200 Eagles Landing Boulevard, Lakeland, Florida 33810.

Nursery® Water

Privacy Statement

Scope of our Privacy Statement

Information We Collect

How We Use the Information We Collect

When We Share Your Information & Our Relationship to Third Parties

Choices You Have About Your Information

How You Can Access and Correct Your Information

How We Secure Your Information

Message Boards and Discussion Forums

Our Policy on Children’s Information

Your California Policy Rights

International Transfers

Changes to This Privacy Statement

Contacting Us

Nursery_® Water