Terms & Conditions

Mirth Water LLC - Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of drinkmirth.com and any related pages, features, services, and online stores operated by Mirth Water LLC (“Mirth,” “we,” “us,” or “our”), as well as purchases made through the website (collectively, the “Site”).

By accessing or using the Site, creating an account, enrolling in a subscription, or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Site or place an order.

You must be at least the age of majority in your state or jurisdiction of residence to place an order, or you must use the Site under the supervision of a parent or legal guardian who agrees to these Terms.

We may update these Terms periodically by posting revised Terms on the Site. Revised Terms will apply prospectively unless otherwise required by law.

Privacy

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy:

https://drinkmirth.com/pages/privacy-policy

The Privacy Policy is incorporated into these Terms by reference.

Separate consent may be requested for marketing emails, text messages, cookies, recurring payments, or other activities where required by applicable law.

Products and Product Information

We make reasonable efforts to accurately display our products, including product descriptions, images, ingredients, nutritional information, packaging, pricing, and availability.

Product packaging, labeling, appearance, ingredients, or other details may occasionally change or differ from what is displayed on the Site. Please review the packaging and label delivered with the product before consuming it, as they provide the most current product information.

All products and offers are subject to availability. We may limit quantities, discontinue products, modify packaging or product information, or restrict sales to a person, household, geographic area, or jurisdiction where permitted by law.

Products purchased through the Site are intended for personal use and not for commercial resale unless Mirth agrees otherwise in writing.

Ingredients, Allergies, and Dietary Considerations

You are responsible for reviewing all ingredient, allergen, dietary, and nutritional information before purchasing or consuming a product.

If you have an allergy, sensitivity, dietary restriction, medical condition, or concern about whether a product is appropriate for you, consult a qualified healthcare professional before consumption.

Please contact us before purchasing if you have questions regarding a product’s ingredients or allergen information.

Orders

Submitting an order constitutes an offer to purchase the selected products. An order is not accepted until we confirm or begin processing it.

We may refuse, limit, modify, or cancel an order for reasons including:

  • Product unavailability;
  • Incorrect pricing or product information;
  • Payment authorization problems;
  • Suspected fraud or unauthorized activity;
  • Abuse of a promotion or discount;
  • Orders placed for unauthorized resale;
  • Shipping restrictions; or
  • Other circumstances permitted by applicable law.

If we cancel an order after collecting payment, we will refund the amount paid for the canceled portion to the original payment method.

You are responsible for providing complete and accurate billing, shipping, payment, and contact information. Please contact us promptly if you discover an error. We cannot guarantee that an order can be changed or canceled after it has been submitted or processed.

Pricing, Payment, and Taxes

Prices are displayed in U.S. dollars unless otherwise stated.

Applicable discounts, taxes, shipping charges, and other fees will be displayed before you complete your purchase.

By providing payment information, you represent that you are authorized to use the selected payment method. You authorize Mirth and its payment processors to charge the amounts presented at checkout, including recurring charges that you separately authorize when enrolling in a subscription.

Payments may be processed by third-party providers and may be subject to their terms and privacy practices.

If a price or product detail is displayed incorrectly because of a typographical, technical, inventory, or other error, we may correct the error and cancel or modify the affected order where permitted by law. If payment has already been collected for a canceled order, we will issue a refund.

Promotions and Discount Codes

Discount codes, promotional pricing, affiliate codes, free-shipping offers, gifts with purchase, and other promotions are subject to any additional terms presented with the offer.

Unless expressly stated otherwise:

  • Promotions may not be combined;
  • Only one discount code may be used per order;
  • Promotions have no cash value;
  • Promotions cannot be applied retroactively;
  • Promotions may be limited by product, customer, household, location, quantity, or expiration date;
  • Promotions may be modified or discontinued, subject to applicable law.

We may cancel an order involving unauthorized, fraudulent, or abusive use of a promotion or discount code.

Subscriptions and Automatic Renewal

When you purchase a subscription, you authorize Mirth and its payment processors to charge your selected payment method automatically at the price, frequency, and dates disclosed when you enroll.

Your subscription will continue and renew automatically until you cancel it in accordance with the cancellation instructions provided through the Site or your subscription-management account.

Before you complete a subscription purchase, the Site will display the material subscription terms, including the recurring price, billing frequency, and cancellation method. By selecting a subscription and completing your purchase, you expressly authorize the recurring charges presented to you.

You are responsible for maintaining accurate and current payment information. If a subscription payment cannot be processed, we or our subscription provider may retry the payment or suspend or cancel the subscription.

You may use the available options in your subscription-management account to manage or cancel your subscription. Any options to skip, pause, or modify an order are subject to the functionality and deadlines displayed in your account.

Cancellation applies to future subscription orders. It does not ordinarily cancel or refund an order that has already been processed. To avoid the next recurring charge, you must cancel before the next order is processed.

We may change subscription pricing or other material subscription terms by providing any notice required by applicable law. Changes will apply prospectively.

Additional subscription terms are provided in our Subscription Policy and during enrollment. Nothing in these Terms limits any cancellation, refund, or renewal rights provided by applicable law.

Shipping and Delivery

Available shipping methods, charges, and estimated delivery times are displayed at checkout when available.

Delivery dates are estimates and are not guaranteed. Mirth is not responsible for delays caused by carriers, weather, natural disasters, labor interruptions, inaccurate delivery information, governmental actions, or circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. Please contact us promptly if you discover an address error. We cannot guarantee that an address can be changed after an order has been processed.

Please contact us promptly if an order is lost, damaged, incorrect, or incomplete.

Returns, Refunds, and Replacements

Returns, refunds, and replacements are governed by our Return Policy:

https://drinkmirth.com/pages/return-policy

Because Mirth sells consumable products, opened or used products may not be eligible for return except where required by law or otherwise stated in our Refund Policy.

Please inspect your order after delivery and contact us promptly if it is damaged, defective, incorrect, incomplete, or appears to have been lost in transit.

We may request photographs, order information, or other documentation reasonably necessary to evaluate a request.

Approved refunds will generally be issued to the original payment method. Processing times may depend on your payment provider or financial institution.

Nothing in these Terms limits any nonwaivable rights or remedies available under applicable consumer-protection law.

Health and Product Information

Information presented through the Site is provided for general informational purposes and is not medical advice or a substitute for advice from a qualified healthcare professional.

Product descriptions and information concerning hydration, nutrition, electrolytes, vitamins, minerals, ingredients, or general wellness should not be interpreted as diagnosing, treating, curing, or preventing a disease or medical condition.

You are responsible for reviewing the product label, ingredient information, nutrition information, and allergen information before consumption.

Consult a qualified healthcare professional when appropriate, including if you have a medical condition, take medication, have dietary restrictions, are pregnant or nursing, or have concerns about a product or ingredient.

Stop consuming a product and seek appropriate medical assistance if you experience an adverse reaction.

Intellectual Property

The Site and its content - including text, graphics, photographs, videos, illustrations, product names, logos, icons, designs, software, and other materials—are owned by or licensed to Mirth and are protected by applicable copyright, trademark, and other intellectual-property laws.

Mirth grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial shopping and informational purposes.

Except as expressly permitted by these Terms or applicable law, you may not:

  • Copy, reproduce, modify, publish, distribute, or display Site content;
  • Sell, license, or commercially exploit Site content;
  • Create derivative works from the Site or its content;
  • Remove copyright, trademark, or proprietary notices;
  • Use Mirth’s names, trademarks, logos, or branding without written permission; or
  • Suggest an unauthorized affiliation with or endorsement by Mirth.

No ownership rights are transferred to you through your use of the Site.

Third-party names, trademarks, and content remain the property of their respective owners. Their appearance on the Site does not necessarily indicate an affiliation with or endorsement by Mirth.

Reviews, Feedback, and Other Submissions

You may have the opportunity to submit reviews, photographs, videos, comments, suggestions, ideas, or other content to Mirth (“Submissions”).

You retain any ownership rights you hold in your Submissions. By providing a Submission, you grant Mirth a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to use, reproduce, adapt, publish, display, distribute, and promote the Submission in connection with Mirth’s business, products, marketing, advertising, and operation of the Site.

This license does not replace or modify a separate written creator, influencer, licensing, or content agreement between you and Mirth. A separate written agreement will control in the event of a conflict.

You represent that:

  • You own or have permission to provide the Submission;
  • The Submission does not violate another party’s intellectual-property, privacy, publicity, or other rights;
  • The Submission is accurate and not misleading;
  • Any testimonial reflects your honest opinion and actual experience;
  • You have disclosed any material connection with Mirth where required; and
  • The Submission does not contain unlawful, fraudulent, defamatory, obscene, threatening, or harmful material.

We are not obligated to publish, retain, compensate you for, or respond to a Submission. We may decline to publish or remove a Submission where permitted by law.

Acceptable Use

You may not use the Site to:

  • Violate applicable law;
  • Infringe another party’s rights;
  • Transmit malware, viruses, or harmful code;
  • Interfere with the operation or security of the Site;
  • Attempt to gain unauthorized access to an account or system;
  • Use another person’s account or payment information without authorization;
  • Engage in fraudulent, deceptive, abusive, or unlawful activity;
  • Collect personal information about others without authorization;
  • Use automated tools to scrape or extract Site content without permission;
  • Circumvent security features, purchasing limits, or promotional restrictions; or
  • Impersonate another person or misrepresent your identity or affiliation.

We may investigate suspected violations and suspend or terminate access when reasonably necessary to protect Mirth, our customers, or third parties.

Nothing in these Terms prohibits honest product reviews, lawful criticism, or conduct protected by applicable law.

Customer Accounts

If you create an account, you are responsible for maintaining the confidentiality of your login information and for activity conducted through your account.

You agree to provide accurate information and keep it reasonably current. Notify us promptly if you believe your account has been accessed or used without authorization.

We may suspend or terminate an account that we reasonably believe is being used fraudulently, unlawfully, or in violation of these Terms.

Electronic Communications

By using the Site or contacting us electronically, you consent to receive transactional communications electronically, including order confirmations, receipts, shipping updates, account notices, subscription notices, and legally required disclosures.

Transactional communications are separate from promotional marketing messages. Promotional emails and text messages are governed by the consent and opt-out terms presented when you enroll.

You are responsible for maintaining accurate contact information.

Third-Party Services and Links

The Site may contain links to or integrations with third-party services, including payment processors, shipping providers, subscription platforms, social-media platforms, and other providers.

Third-party services are governed by their own terms and privacy practices. Mirth does not control and is not responsible for the availability, content, security, or practices of third-party websites or services.

A third-party link does not necessarily constitute an endorsement by Mirth.

Contests and Other Programs

Sweepstakes, contests, referral programs, affiliate programs, loyalty programs, giveaways, and other promotions may be subject to separate rules.

You are responsible for reviewing the applicable rules before participating. When separate rules conflict with these Terms regarding a particular program, the separate rules will control.

Site Availability

We may modify, suspend, restrict, or discontinue all or part of the Site at any time.

We do not guarantee that the Site will always be available, uninterrupted, secure, complete, or error-free. We may perform maintenance, install updates, or make changes without prior notice.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, MIRTH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

NOTHING IN THESE TERMS DISCLAIMS WARRANTIES, RIGHTS, OR REMEDIES THAT CANNOT LAWFULLY BE DISCLAIMED, INCLUDING NONWAIVABLE RIGHTS THAT MAY APPLY TO PRODUCTS PURCHASED THROUGH THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MIRTH AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF OR INABILITY TO USE THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, MIRTH’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO MIRTH FOR THE ORDER GIVING RISE TO THE CLAIM; OR
ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

THE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED IN YOUR JURISDICTION.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Mirth and its members, managers, officers, employees, contractors, agents, affiliates, and service providers from third-party claims, damages, liabilities, and reasonable costs arising from:

  • Your unlawful use of the Site;
  • Your material violation of these Terms;
  • Your infringement of another party’s rights; or
  • Content you submit through the Site.

This obligation does not apply to the extent a claim results from Mirth’s negligence, willful misconduct, or violation of law.

Termination

You may stop using the Site at any time.

We may suspend or terminate your access if you materially violate these Terms, use the Site unlawfully or fraudulently, or create a security risk for Mirth, our customers, or third parties.

Termination of access to the Site does not automatically cancel an order or subscription. Orders and subscriptions must be canceled through the applicable cancellation process.

Provisions that by their nature should survive termination will remain in effect.

Governing Law and Venue

These Terms and disputes arising out of or relating to the Terms or the Site will be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of protections that cannot be waived under the laws applicable to that consumer.

Before filing a legal claim, you and Mirth agree to make a reasonable, good-faith effort to resolve the dispute informally.

Unless applicable law requires otherwise, a legal proceeding arising out of or relating to these Terms or the Site must be brought in a state or federal court with jurisdiction in Wyoming. You and Mirth consent to the personal jurisdiction of those courts.

Either party may bring an eligible individual claim in small-claims court.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Severability

If any provision of these Terms is found unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed if necessary. The remaining provisions will remain in effect.

No Waiver

Mirth’s failure to enforce a provision of these Terms does not waive its right to enforce that provision or another provision later.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Mirth’s prior written consent.

Mirth may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or operation of its business, subject to applicable law.

Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, Subscription Policy, terms displayed during checkout, and other policies expressly incorporated by reference, constitute the agreement between you and Mirth concerning the Site and purchases made through it.

If a separate written agreement between you and Mirth applies to a particular transaction or relationship, that agreement will control to the extent of a conflict.

Contact Us

Questions about these Terms may be sent to:

Mirth Water LLC
Email: care@drinkmirth.com
Contact page: https://drinkmirth.com/pages/contact-us