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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.
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.
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.
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.
“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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
WHEN THIS PRIVACY STATEMENT APPLIES
This privacy statement applies to information collected through:
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:
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.
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:
We also collect information from you when you give us permission to access it. For example:
TECHNICAL INFORMATION COLLECTED AUTOMATICALLY
INFORMATION PROVIDED BY OUR PARTNERS
Our advertising vendors and other partners may share with us the information they collect. For example:
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.
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:
We may also use the information we collect to offer you customized content, including to:
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.
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.
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.
OTHER IMPORTANT INFORMATION ABOUT OUR RELATIONSHIP WITH THIRD PARTIES
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:
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.
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.
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.
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.
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.
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.
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:
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.
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.
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: