Privacy Policy & Terms of Service

PRIVACY POLICY

SMS Terms and Conditions

Please read these terms and conditions carefully.  By signing up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from Nestlé Waters North America Inc. (“Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide.  You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.  

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use

Program Description

Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you.  Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).

Message Frequency

The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages.  You will receive a maximum of three messages per week per Company text messaging program.  Company brands generally have separate text messaging programs.

Cost

Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  Company does not impose a separate fee for sending Company text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others. 

How to Opt-In 

To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions provided by the specific brand from which you wish to receive messages.

How to Opt-Out 

To stop receiving text messages from a specific Company text messaging program, text STOP to the text messaging program from which you no longer wish to receive message. You will then receive confirmation of your opt-out of that text messaging program. 

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Company immediately if you change your mobile telephone number.  You may notify Company of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. 

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

Support/Help

You may also receive help by submitting a Contact Us form on the website associated with the specific text messaging program you opted into.

Eligibility

To receive Company text messages, you must be a resident of the United States and 21 years of age or older.  Company reserves the right to require you to prove that you are at least 21 years of age.

Changes to Terms and Conditions

Company may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Company’s website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Company text messages will indicate your acceptance of those changes. 

Termination of Text Messaging 

Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions.  Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice. 

Communications and Consent to Electronic Notices 

You may communicate with Company via postal mail, telephone, and our website.  Company may issue notices via these various channels, including by sending e-mail to an address you provide.  You agree that such notices shall have legal effect.  

You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing.  If you do not agree, do not use Company products or services.  

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request.  You may make such a request via [any of the channels listed above].  If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.  

Contact Us

If you have questions regarding these SMS Terms and Conditions, please reach out to us by submitting a Contact Us form on the website associated with the specific text messaging program you opted into.

Phoenician Grinders values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Phoenician Grinders of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Phoenician Grinders decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to Phoenician Grinders, and it governs any and all data collection and usage by us. Through the use of https://phoeniciangrinders.com/, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Phoenician Grinders does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following

  1. What personally identifiable information is collected from you through our website;
  2. Why we collect personally identifiable information and the legal basis for such collection;
  3. How we use the collected information and with whom it may be shared;
  4. What choices are available to you regarding the use of your data; and
  5. The security procedures in place to protect the misuse of your information.

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

In addition, Phoenician Grinders may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Phoenician Grinders may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.

Why We Collect Information and For How Long

We are collecting your data for several reasons:

  • To better understand your needs and provide you with the services you have requested;
  • To fulfill our legitimate interest in improving our services and products;
  • To send you promotional emails containing information we think you may like when we have your consent to do so;
  • To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
  • To customize our website according to your online behavior and personal preferences.

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

Use of Information Collected

Phoenician Grinders does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

Phoenician Grinders may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from https://phoeniciangrinders.com/

Phoenician Grinders may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Phoenician Grinders uses various third-party social media features including but not limited to Facebook, Instagram and other interactive programs.  These may collect your IP address and require cookies to work properly.  These services are governed by the privacy policies of the providers and are not within Phoenician Grinders ’s control.

Disclosure of Information

Phoenician Grinders may not use or disclose the information provided by you except under the following circumstances:

  • as necessary to provide services or products you have ordered;
  • in other ways described in this Policy or to which you have otherwise consented;
  • in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
  • as required by law, or in response to a subpoena or search warrant;
  • to outside auditors who have agreed to keep the information confidential;
  • as necessary to enforce the Terms of Service;
  • as necessary to maintain, safeguard and preserve all the rights and property of Phoenician Grinders .

Non-Marketing Purposes

Phoenician Grinders greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Phoenician Grinders products and services).  In certain circumstances, we may use our website, newspapers, or other public means to post a notice.

Children under the age of 13

Phoenician Grinders ’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to support@phoeniciangrinders.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Phoenician Grinders will continue to adhere to this Policy with respect to any personal information previously collected.

Links to Other Websites

Our website does contain links to affiliate and other websites. Phoenician Grinders does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.

Notice to European Union Users

Phoenician Grinders ’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

Security

Phoenician Grinders takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

Acceptance of Terms

By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: support@phoeniciangrinders.com

Telephone Number: (800) 314-2420

Mailing Address:
Gusto Grind LLC       
4602 E Elwood St Ste #12
Phoenix, AZ 85040

OVERVIEW of TERMS OF SERVICE

This website is operated by PHOENICIAN GRINDERS. Throughout the site, the terms “we”, “us” and “our” refer to PHOENICIAN GRINDERS. PHOENICIAN GRINDERS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least 21 years old.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 


In no case shall PHOENICIAN GRINDERS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless PHOENICIAN GRINDERS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 21 -SMS TERMS AND CONDITIONS

Please read these terms and conditions carefully.  By signing up for one or more text messaging programsyou expressly consent to receive non-marketing and marketing text messages from Nestlé Waters North America Inc. (“Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide.  You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.  

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Privacy Policy

Program Description

Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you.  Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).

Message Frequency

The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages.  You will receive a maximum of three messages per week per Company text messaging program.  Company brands generally have separate text messaging programs.

Cost

Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  Company does not impose a separate fee for sending Company text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others. 

How to Opt-In 

To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions provided by the specific brand from which you wish to receive messages.

How to Opt-Out 

To stop receiving text messages from a specific Company text messaging program, text STOP to the text messaging program from which you no longer wish to receive message. You will then receive confirmation of your opt-out of that text messaging program. 

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Company immediately if you change your mobile telephone number.  You may notify Company of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. 

 

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them. 

Support/Help

You may also receive help by submitting a Contact Us form on the website associated with the specific text messaging program you opted into.

Eligibility

To receive Company text messages, you must be a resident of the United States and 21 years of age or older.  Company reserves the right to require you to prove that you are at least 21 years of age.

Changes to Terms and Conditions

Company may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Company’s website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Company text messages will indicate your acceptance of those changes. 

Termination of Text Messaging 

Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions.  Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.  

Communications and Consent to Electronic Notices 

You may communicate with Company via postal mail, telephone, and our website.  Company may issue notices via these various channels, including by sending e-mail to an address you provide.  You agree that such notices shall have legal effect.  

You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing.  If you do not agree, do not use Company products or services.  

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request.  You may make such a request via [any of the channels listed above].  If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.  

SECTION 21 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at support@phoeniciangrinders.com