VOLCANIC WATER SUBSCRIBE & SAVE OHANA MARKETPLACE IMPACT Search Log in Cart WEBSITE TERMS AND CONDITIONS OF USE 1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. 2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on Waiākea Springs's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Waiākea Springs's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Waiākea Springs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Disclaimer The materials on Waiākea Springs's web site are provided "as is". Waiākea Springs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Waiākea Springs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. 4. Limitations In no event shall Waiākea Springs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Waiākea Springs's Internet site, even if Waiākea Springs or a Waiākea Springs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 5. Revisions and Errata The materials appearing on Waiākea Springs's web site could include technical, typographical, or photographic errors. Waiākea Springs does not warrant that any of the materials on its web site are accurate, complete, or current.Waiākea Springs may make changes to the materials contained on its web site at any time without notice. Waiākea Springs does not, however, make any commitment to update the materials. 6. Links Waiākea Springs has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Waiākea Springs of the site. Use of any such linked web site is at the user's own risk. 7. Site Terms of Use Modifications Waiākea Springs may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 8. Governing Law Any claim relating to Waiākea Springs's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. 9. Return & Refund Policy Returns We do not accept returns at this time, except for certain situations as described below. If you are not completely satisfied with your purchase, contact us at info@waiakeasprings.com and we will assist you. There are certain situations where full or only partial refunds are granted: Any item not in its original condition, is damaged or missing parts for reasons not due to our error. Any item that is returned more than 30 days after delivery Any item not in its original condition, is damaged, or missing parts for reasons due to our error To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer. Refunds Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Late or missing refunds If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at Info@WaiakeaSprings.com Sale items Only regular priced items may be refunded, unfortunately sale items cannot be refunded. Unless otherwise noted in a promotion or advertisement, discounts cannot be combined with any other offer, discount, or promotion. If you are applying a discount to a monthly recurring order, unless otherwise noted, discounts only apply to the first month of delivery. Your monthly recurring price will return to its original monthly recurring price after the first delivery. No discount can be redeemed after an order has been placed and discounts cannot be combined to existing orders. All promotions and discounts are for new orders only. We are not responsible for any advertised promotion on sites not hosted by Waiākea Inc. Offers are subject to change at anytime. Exchanges We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@waiakeasprings.com and send your item to: P.O. Box 12468 Marina Del Rey US 90295. Gifts If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will learn about your return. Shipping To return your product, you should mail your product to: P.O. Box 12468 Marina Del Rey US 90295 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. 10. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS Waiākea Hawaiian Volcanic Water | Store (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at daniel@waiakeasprings.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Culver City, California before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Waiākea Hawaiian Volcanic Water | Store’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. 11. DELIVERY SERVICE TERMS Welcome to the Terms and Conditions (“Terms”) for our Waiākea Hawaiian Volcanic Water Store (our “Store”). These Terms are between you and Waiākea, Inc. (“Waiākea Hawaiian Volcanic Water”, “we”, “us” or “our”), and govern your and our respective rights and obligations. Please note that your use of the waiakeasprings.com website (the “Site”) is governed by the Terms, along with our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Site, all of which (as may be changed over time) are incorporated into these Terms, and together constitute the entire agreement between you and Waiākea Hawaiian Volcanic Water relating to our Store. By placing an order through our Store, you accept these Terms, conditions, limitations and requirements. Please read these Terms carefully. SUBSCRIPTION SERVICES Recurring Subscriptions: If you sign up for a monthly recurring subscription membership plan from our Store, you will receive the same products you ordered every month. Your recurring subscription will continue until it is canceled by either you or Waiākea Hawaiian Volcanic Water. Either you or Waiākea Hawaiian Volcanic Water can cancel the Month-to-Month recurring subscription plan at any time with no cancellation fee and no responsibility for recurring charges after cancellation, except that if a shipment in a recurring subscription has already been processed prior to such cancellation, your recurring subscription shipment will be cancelled after the aforementioned shipment, and you will still be responsible for payment of the last shipment. Annual 12-month subscription plans cannot be canceled for any reason. We are only able to offer the annual 12-month subscription plan at wholesale discount pricing with the commitment of 12 months of service by the customer. After the 12th month of service on an annual subscription plan, you may cancel at any time by contacting Waiākea Hawaiian Volcanic Water at customerservice@waiakeasprings.com. If you do not cancel, you will continue to receive recurring deliveries and your account will continue to be charged. You may place a hold for a maximum of 3 months on any subscription plan, as needed, by contacting us at (855)-WAIAKEA or by email at customerservice@waiakeasprings.com. Upon cancellation of any subscription plan, any account created or registered by you for our Store (your “Account”) will not be deleted and you can still sign in to our Store until such time as Waiākea Hawaiian Volcanic Water limits your access to or suspends your Account. You agree that any cancellation, limitation of access and/or suspension of your Account shall be made in Waiākea Hawaiian Volcanic Water’s sole discretion and that Waiākea Hawaiian Volcanic Water shall not be liable to you or any third party for the cancellation, limitation of access and/or suspension of your Account. For more information about subscription plans available through our Store, please visit our FAQ page on the Site. E-GIFT CARDS The following terms and conditions apply to Waiākea Hawaiian Volcanic Water’s e-Gift Cards in general and are subject to change at any time at Waiākea Hawaiian Volcanic Water’s sole discretion. Purchase, use or acceptance of a gift card constitutes acceptance of these terms and conditions: Only redeemable online at store.waiakeasprings.com for products or services where available. All gift cards are for one-time use only. Not redeemable for cash, except where required by law. Lost, stolen or damaged gift cards will not be replaced. Not a credit or debit card. For gift card balance, email customerservice@waiakeasprings.com. You will need to have your card number. No expiration date, no fees. Discounts or coupons are not redeemable toward gift card purchases. Resale is strictly prohibited For more information regarding how Waiākea Hawaiian Volcanic Water collects, uses and discloses any information concerning any gift card, please refer to Waiākea Hawaiian Volcanic Water’s Privacy Policy at Waiakeasprings.com. These terms and conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws. WAIĀKEA, INC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WAIĀKEA, INC DOES NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. All terms enforced except where prohibited by law FRAUD PROTECTION As part of our order processing procedures for our Store, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. If at any time you suspect fraud or unauthorized access to your account, please contact us as soon as possible at customerservice@waiakeasprings.com. TRANSACTIONS If you wish to purchase any product or service made available through our Store (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Waiākea Hawaiian Volcanic Water the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted in our Store are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in our Store does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from our Store. By placing an order, you represent that the products ordered will be used only in a lawful manner. Waiākea Hawaiian Volcanic Water reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any Transaction through our Store; and (iv) refuse to provide any user with any product or service. You agree that by placing an order through our Store, you are entering into a binding contract with Waiākea Hawaiian Volcanic Water and agree to pay all charges that may be incurred by you or on your behalf through our Store, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transaction. For more information about ordering products through our Store, please visit our FAQ page on the Site. RISK OF LOSS Any product purchased from our Store will be shipped by a third-party carrier. As a result, title and risk of loss for such product will pass to you upon our delivery of product to the carrier for shipment and delivery to a customer. RETURNS & REFUNDS If the product(s) you purchased from our Store becomes damaged while being delivered by a third-party carrier to you, we will replace or refund the product for up to 60 days after the date of your purchase. For any replacements or refunds, please contact us at (855) 924-2532 or email us at customerservice@waiakeasprings.com. SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, ONCE YOU PURCHASE A PRODUCT FROM OUR STORE, THE TRANSACTION IS COMPLETE AND WAIĀKEA, INC WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON. For more information about returns and refunds, please visit our FAQ page on the Site. CONTACTING US If you have any questions about these Terms, please contact us at (855) 924-2532 or email us at customerservice@waiakeasprings.com. © 2021 WAIĀKEA, INC. All rights reserved. MAIN MENU THE WATER BLOG MARKETPLACE STORE LOCATOR REWARDS MY ACCOUNT MORE INFO ABOUT US RETURNS AND SHIPPING PRIVACY POLICY TERMS AND CONDITIONS FAQ CONTACT EMAIL 1-855-WAIAKEA TEXT US CONTACT US SOCIAL FACEBOOK TWITTER TIKTOK INSTAGRAM NEWSLETTER SIGN UP © 2021 Waiãkea Hawaiian Volcanic Water | Proud Product of Hilo, Hi Use left/right arrows to navigate the slideshow or swipe left/right if using a mobile device SHOP NOW WAIAKEA PĒPĒ 330ML SUBSCRIBE & SAVE WAIAKEA IKI 500ML ADD TO CART SUBSCRIBE & SAVE WAIAKEA WAENA 700ML ADD TO CART SUBSCRIBE & SAVE WAIAKEA NUI 1 Liter ADD TO CART SUBSCRIBE & SAVE 'ALOHI SPARKLING 670ML SOLD OUT