ALKAWATER EXPERTS MEMBERSHIP TERMS AND CONDITIONS

Effective Date: 02/20/2020

Last updated: 11/12/2024

  1. Introduction

    Welcome to AlkaWater Experts (Company, we, our, us)! These Membership Terms and Conditions (Terms) govern your use of our membership plans, which are based on recurring payments for the services offered by AlkaWater Experts (Services). Please read these Terms carefully before subscribing to our membership plans.

    By signing up for a membership plan, you agree to be bound by these Terms. If you do not agree to these Terms, please do not subscribe to our membership plans. We may update these Terms from time to time. Your continued use of the Services after any such update constitutes your acceptance of the updated Terms.

  2. Membership Plans, Rewards, and Billing

    2.1 Subscription: You may choose from various membership plans we offer. By subscribing to a membership plan, you authorize us to charge your payment method on a recurring basis for the fees associated with your chosen plan, until you cancel your membership. Memberships and subscriptions are recurring payment systems that require a valid payment method to continue services.

    2.2 Billing Cycle: Your membership fee will be billed at the beginning of your membership and on each subsequent renewal date, based on the billing cycle you choose (e.g., monthly, quarterly, or annually). Your renewal date will be the same day of the month, quarter, or year that you originally subscribed, unless otherwise notified.

    2.3 Rewards Program for Smart Vending Machines: As a member, you may have access to rewards through our smart vending machines. These rewards are earned based on specific criteria set by AlkaWater Experts and are subject to change. Detailed information about how to earn and redeem rewards is available on our platform. Rewards can be redeemed only at participating locations and have no cash value.

    2.4 Payment Methods: You are responsible for providing a valid payment method and ensuring that your payment information is accurate and up-to-date. If your payment method is declined or fails for any reason, we reserve the right to suspend or cancel your membership.

    2.5 Price Changes: We reserve the right to adjust the pricing of our membership plans at any time. Any price changes will be communicated to you in advance, and you will have the opportunity to cancel your membership before the new pricing takes effect.

  3. Cancellation and Refunds

    3.1 Cancellation: You may cancel your membership at any time by accessing your account on alkawaterexperts.com. To cancel, go to Profile -> Membership Status -> Manage Account -> Cancel Membership. Please note that all cancellations must be completed before the expiration or renewal date of your current billing cycle to avoid being charged for the next cycle. Failure to cancel in time will result in continued access to the Services and additional charges until the end of the subsequent billing cycle. Once you cancel, the cancellation will be effective at the end of your current billing cycle, and you will not be billed for the subsequent billing cycle.

    3.2 No Refunds: All membership fees are non-refundable, except as required by law or as otherwise specified in these Terms. If you cancel your membership before the end of your billing cycle, you will retain access to the Services until the end of your current billing period but will not receive a refund for any unused portion. By agreeing to these Terms, you acknowledge and accept that you are responsible for managing and canceling your membership through your account. Failure to cancel within the specified timeframe does not entitle you to a refund for previously charged membership fees.

    3.3 Authorization for Recurring Payments: By subscribing to a membership, you expressly authorize AlkaWater Experts to charge your payment method on a recurring basis according to the billing cycle you selected. You agree that such authorization remains in effect until you cancel your membership as specified in these Terms. Any disputes related to recurring charges should be addressed by contacting our support team before initiating a bank dispute. Failure to cancel in a timely manner does not constitute grounds for declaring a transaction as unauthorized, as you accepted these Terms and Conditions, including authorization for recurring payments, when creating your account on alkawaterexperts.com.

    3.4 Charge Disputes and Common Claim Situations: If a user initiates a dispute with their bank claiming a fraudulent or unauthorized transaction, we remind users that this does not apply in cases where:

    • The membership was not canceled within the specified period.
    • The Services were used or rewards were obtained during the active billing cycle.
    • A refund is requested after accessing membership benefits.
    • Outstanding charges are due to a failure to update payment information at the time of cancellation.

    These situations do not constitute valid grounds for bank disputes or claims, as they reflect a prior agreement to the Terms and Conditions.

  4. Changes to Services and Rewards Program

    We reserve the right to modify, suspend, or discontinue the Services or the rewards program at any time, with or without notice. This includes changes to the criteria for earning rewards, the locations of participating vending machines, and the rewards offered. We will not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

  5. Limitation of Liability

    To the fullest extent permitted by law, in no event will AlkaWater Experts, its affiliates, or their respective officers, directors, employees, or agents be liable for any special, indirect, incidental, punitive, or consequential damages arising from or related to your use of or inability to use the Services, including any claims related to automatic recurring payments, the rewards program, or these Terms.

  6. Governing Law and Jurisdiction

    These Terms will be governed by and construed in accordance with the laws of the jurisdiction where the Company is located, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction for any disputes arising out of or relating to these Terms or the Services.

  7. Contact Information

    If you have any questions or concerns about these Terms or the Services, please contact us at:

    AlkaWater Experts, 7238 N Mesa Dr, El Paso, TX 79912, USA

    Website: alkawaterexperts.com

    Email: info@alkawaterexperts.com

  8. Severability

    If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

  9. Entire Agreement

    These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AlkaWater Experts with respect to your use of the Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to the subject matter hereof.

  10. Changes to these Terms

    We reserve the right to update or modify these Terms at any time. We will provide you with notice of any material changes by posting the updated Terms on our website or by sending you an email notification. Your continued use of the Services after any such update constitutes your acceptance of the updated Terms.

  11. Waiver

    No waiver of any provision of these Terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

  12. Assignment

    You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

  13. Indemnification

    You agree to defend, indemnify, and hold harmless AlkaWater Experts, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising from or related to: (a) your use of and access to the Services; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; or (d) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right.

  14. Feedback

    We welcome and encourage your feedback, comments, and suggestions for improvements to the Services (Feedback). By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Feedback in any form, media, or technology, whether now known or hereafter developed, for any purpose, including, but not limited to, improving our Services and developing new products and services.

  15. Miscellaneous

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AlkaWater Experts without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

    If you have any questions about these Terms, please contact us at the email address provided in Section 7.

  16. Privacy Policy

    Your use of the Services is also subject to our Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes our practices regarding the collection, use, and disclosure of your personal information when you use the Services. By subscribing to our membership plan and using the Services, you acknowledge and agree to the terms of our Privacy Policy.

  17. Compliance with Laws

    You represent and warrant that your use of the Services will comply with all applicable local, state, national, and international laws, regulations, and ordinances, including, but not limited to, privacy, data protection, and intellectual property laws. You agree not to use the Services for any unlawful or fraudulent purpose, or in any manner that could damage, disable, overburden, or impair the Services.

  18. Dispute Resolution

    1. Informal Resolution: Before initiating any legal proceedings, you agree to first contact us at the email address provided in Section 7 to attempt to resolve any disputes related to these Terms or the Services through good faith negotiations. If we are unable to resolve the dispute within thirty (30) days of receipt of your initial notice, either party may proceed to initiate legal proceedings.
    2. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof, will be determined by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted in accordance with the commercial arbitration rules of the jurisdiction where the Company is located. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
    3. Class Action Waiver: Any arbitration will be conducted on an individual basis, and neither you nor AlkaWater Experts will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
  19. Termination

    We reserve the right to terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    Last updated: 11/12/2024

COOKIE POLICY

Effective Date: 02/20/2020

  1. What are Cookies?

    Cookies are small text files that are placed on your computer, smartphone, or other device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the website's owner. Cookies can be used to remember information about your visit, such as your preferences and other settings, in order to enhance your browsing experience.

  2. Types of Cookies

    We use different types of cookies on our website, including:

    • Essential Cookies: These cookies are strictly necessary for the proper functioning of our website and Services. Without these cookies, certain features or functionalities may not be available.
    • Performance and Analytical Cookies: These cookies collect information about how you use our website and Services, such as which pages you visit and how long you spend on each page. This information helps us understand how our website and Services are being used and allows us to improve their performance and user experience.
    • Functional Cookies: These cookies enable our website to remember choices you make (such as your language or the region you are in) and provide enhanced, personalized features. These cookies can also be used to remember changes you have made to text size, fonts, and other customizable elements of our website.
    • Advertising and Targeting Cookies: These cookies are used to deliver relevant advertisements to you based on your interests, browsing history, and other factors. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns.
  3. Third-Party Cookies

    Some cookies on our website and Services are placed by third parties. For example, we use third-party analytics tools, such as Google Analytics, to help us understand how our website and Services are being used and to measure their performance. These third parties may also use cookies to deliver targeted advertisements or to measure the effectiveness of their advertising campaigns.

  4. Managing Cookies

    Most web browsers allow you to control cookies through their settings preferences. You can choose to block or delete cookies, but please be aware that doing so may negatively affect your experience on our website and limit your access to certain features or functionalities. To learn more about how to manage cookies in your browser, please consult your browser's help documentation or visit www.allaboutcookies.org for more information.

  5. Changes to This Policy

    We may update this Policy from time to time. If we make any material changes, we will notify you by posting the updated Policy on our website or by sending you an email notification. Your continued use of our website and Services after any such update constitutes your acceptance of the updated Policy.

  6. Contact Information

    If you have any questions or concerns about this Policy or our use of cookies, please contact us at:

    AlkaWater Experts, 7238 N Mesa Dr, El Paso, TX 79912, USA

    Email: info@alkawaterexperts.com