Terms of Service for Hydration Bot
Effective Date: October 26, 2023
Please read these Terms of Service ("Terms", "Agreement") carefully before utilizing the website operated by Hydration Bot ("us", "we", or "our"), located at hydrationbot.com (the "Service").
By accessing or employing the Service, you ("User", "you", or "your") hereby acknowledge that you have read, understood, and agree to be legally bound by these Terms. Should you dissent from any portion of these Terms, you are expressly prohibited from using or accessing the Service and must immediately discontinue such use.
1. Introduction and Acceptance of Terms
This Agreement sets forth the legally binding terms and conditions governing your use of the Service provided by Hydration Bot. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you unequivocally signify your assent to be bound by these Terms. Hydration Bot reserves the right, at its sole discretion, to modify or replace these Terms at any time. Material changes will be communicated via notification on the Service or via email prior to their effective date. Your continued use of the Service following the posting of any revised Terms constitutes your acceptance of those changes.
2. Access to and Use of the Service
2.1. Permitted Use: The Service is provided solely for your personal, non-commercial use, facilitating hydration tracking, information retrieval, and related functionalities. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.
2.2. Prohibited Conduct: You shall not, directly or indirectly: a. Utilize the Service in any manner that violates any applicable local, national, or international law or regulation. b. Infringe upon or violate the intellectual property rights of Hydration Bot or third parties. c. Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. d. Introduce or transmit any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material. e. Disrupt, overburden, or impair the proper functioning of the Service or the servers and networks connected to the Service. f. Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service. g. Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission. h. Misrepresent your identity or affiliation with any person or entity. i. Engage in any commercial activity, including but not limited to selling access to the Service or advertising products or services, without the express prior written consent of Hydration Bot.
3. Intellectual Property Rights
3.1. Ownership: All content, features, and functionality available on the Service, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the exclusive property of Hydration Bot or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2. Limited License: Nothing in these Terms grants you any right, title, or interest in any intellectual property owned by Hydration Bot, except for the limited license to use the Service as expressly permitted herein. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to your ordinary use.
3.3. User Content: Any content you upload, post, or transmit to the Service ("User Content") remains your property. However, by providing User Content, you grant Hydration Bot a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Hydration Bot's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
4. Disclaimers and Limitation of Liability
4.1. Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HYDROTION BOT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. HYDROTION BOT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, AND YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY HEALTH CONCERNS.
4.2. Limitation of Liability: IN NO EVENT SHALL HYDROTION BOT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF HYDROTION BOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, HYDROTION BOT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
5. Termination of Access
Hydration Bot reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your access, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Indemnification
You agree to indemnify, defend, and hold harmless Hydration Bot, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
7. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Hydration Bot is primarily located and operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in said jurisdiction, and you hereby consent to the personal jurisdiction and venue therein.
8. Miscellaneous Provisions
8.1. Entire Agreement: These Terms constitute the sole and entire agreement between you and Hydration Bot regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
8.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
8.3. Waiver: No waiver by Hydration Bot of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hydration Bot to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
8.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Hydration Bot may assign its rights and obligations under these Terms without restriction.
8.5. Contact Information: All questions, comments, and other communications concerning these Terms should be directed to: [email protected].