This Web Site, drinkmrpinkgr.com/, (“Site”) is hosted by Mr. Pink Beverages, LLC. (“Mr. Pink Beverages”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
Mr. Pink Beverages does sell products for children, but it does not sell products to children. Mr. Pink Beverages only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Mr. Pink Beverages reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Mr. Pink Beverages believes that user conduct violates applicable law or is harmful to the interests of Mr. Pink Beverages or its affiliates.
Mr. Pink Beverages® and Mr. Pink Beverages Logo are registered trademarks of Mr. Pink Beverages, LLC. in the United States and other countries. All rights reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Mr. Pink Beverages or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Mr. Pink Beverages or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Mr. Pink Beverages or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Mr. Pink Beverages or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Mr. Pink Beverages or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of Mr. Pink Beverages or its lawful successors and assigns. For usage permission, contact us.
License and Site Access
Mr. Pink Beverages grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mr. Pink Beverages. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mr. Pink Beverages. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mr. Pink Beverages and our affiliates without express written consent. You may not use meta tags or any other hidden text using Mr. Pink Beverages’ name or trademarks without the express written consent of Mr. Pink Beverages. Any unauthorized use terminates the permission or license granted by Mr. Pink Beverages.
You may not make any part of this Site available as part of another service by Òdeep linkingÓ or otherwise, or create any links to this website, and, in particular, you may not use Mr. Pink Beverages logo or any other proprietary graphic or trademark as part of any ÒhotÓ link or hyperlink to this website, without the express prior written permission of Mr. Pink Beverages.
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Mr. Pink Beverages (“third-party Web Sites”) or to co-branded Web Sites operated by a third party (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Mr. Pink Beverages to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. Mr. Pink Beverages IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Mr. Pink Beverages. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Mr. Pink Beverages or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;
Sending unsolicited email, including promotions and/or advertising of products or services, and
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Mr. Pink Beverages. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Mr. Pink Beverages delivers these items to the carrier.
Mr. Pink Beverages attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate. Most Mr. Pink Beverages products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY Mr. Pink Beverages ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mr. Pink Beverages MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mr. Pink Beverages DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL Mr. Pink Beverages, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Mr. Pink Beverages THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive personal and subject matter jurisdiction of the courts of the State of California over any claim against Mr. Pink Beverages, and acknowledge that venue is proper in any state or Federal court in the Northern District of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Non-Diagnosis/Prescription/Recommendation/Treatment/Curing/Prevention of Disease/Illness Statement
All information in this web site is provided for educational purposes only; statements contained here are reported in an effort to preserve traditional cultural lore and information. The ideas expressed here are not intended to and cannot be used to diagnose, prescribe, treat, cure or prevent any disease. The information contained on this web site is not meant to be used for diagnosing, prescribing, treating, curing or preventing any disease or illness. The information contained on this web site has not been evaluated by the Food and Drug Administration (FDA) and is presented for informational purposes only, for use in helping to maintain and promote health in cooperation with a physician. Nothing found anywhere on this web site should be construed as an attempt to diagnose, prescribe or recommend in any manner a treatment, cure or preventative for any health ailment or condition.
Mr. Pink Collections, LLC declares that discussing the structure and function of the body-mind-spirit complex according to the January 2000 FDA’s DSHEA guidelines, when the substance is a food or dietary supplement, makes the online (and constitutionally protected First Amendment free speech) “conversation” between anyone at Mr. Pink Collections, LLC and the person who seeks functional or “wellness” beverages clearly educational, and removes any intent to prescribe for a particular disease or illness.
[i]The FDA’s definition of disease, for purposes of 21 U.S.C. 343r(6), from Sec. 101.93 regarding certain kinds of statements for dietary supplements of the DSHEA: Dietary Supplement Health and Education Act. See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’: The Struggle for Turf in Dietary-Supplement Regulation,” Alternative and Complementary Therapies, April 2000 issue, p. 101.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mr. Pink Beverages as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Mr. Pink Beverages’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Mr. Pink Beverages with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Mr. Pink Beverages to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between Mr. Pink Beverages and you regarding our Site and its contents. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in
All rights not expressly granted herein are hereby reserved.