This website at https://ovihydration.us (the “Site”) is operated by Suntory Beverage & Food Limited, having its principal place of business at TOKYO SQUARE GARDEN, 3-1-1 Kyobashi, Chuo-ku, Tokyo 104-0031 Japan (“Suntory”, “we”, “us” or “our”).
You may not transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable. You may not use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site.
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:
are registered and unregistered trademarks and service marks owned by Suntory or our subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that we have established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Suntory or third parties and shall remain the property of Suntory and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Suntory or such third party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SUNTORY, ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, THE “SUNTORY COMPANIES”), OR ANY THIRD PARTY, AS WELL AS THEIR PRODUCTS AND SERVICES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY AND COMPLETENESS.
EXCEPT AS REQUIRED BY LAW, THE SUNTORY COMPANIES DO NOT WARRANT THAT THE MATERIAL CONTAINED IN THE SITE, OR ANY OF THE FUNCTIONS CONTAINED IN THE SITE OR ITS SERVER, WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, FREE OF VIRUSES OR BUGS OR IS COMPATIBLE WITH ANY OTHER SOFTWARE OR MATERIAL, OR THAT DEFECTS WILL BE CORRECTED.
THE SUNTORY COMPANIES DO NOT WARRANT THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL; DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT; AND DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL THE SUNTORY COMPANIES AND SERVICE PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF EACH OF THEM, BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, WHETHER SUCH DAMAGES ARE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) ON ANY THEORY OF LIABILITY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, (I) USE OF THE SITE; (II) THE SITE CONTENT; (III) USER CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (IV) LOSS ARISING OUT OF UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) LOSS OF DATA; (VI) LOSS OF PROFITS; (VII) LOSS OF GOODWILL; OR (VIII) LOSS SUFFERED BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THE SITE. 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. IN NO EVENT WILL THE SUNTORY COMPANIES AND SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS BY THE SUNTORY COMPANIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SUNTORY COMPANIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SUNTORY COMPANIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE SUNTORY COMPANIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You acknowledge and agree that we are not responsible for the availability of any third-party websites or materials you may access through the Site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or materials.
Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such website. Any dealings between you and any third party site, including without limitation any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services, and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant third party. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
Suntory’s copyright agent for notice of claims of copyright infringement (“Designated Agent”) can be reached as follows: Email: firstname.lastname@example.org If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice containing the following information to the Designated Agent listed above: