Terms of Service – TAPP H2O

Terms of Service

The TAPP H2O websites, related mobile applications and services (collectively, the “Services”) are made available to you by Mammoth Water PBC (“Mammoth Water”, “we”, or “us”) with its address at P. O. Box 100927, Denver, CO 80250, USA, subject to these Terms of Service (the “Terms”) and in accordance with the TAPP H2O Privacy Policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms that Mammoth Water makes available to you on the Services that shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM,, you are accepting these terms of service (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these terms of service (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Service.

These terms include an obligation to arbitrate most claims arising hereunder. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MAMMOTH WATER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The TAPP H2O Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Mammoth Water processing data about you, and other TAPP H2O customers, including your water use. Processing of the data you share with Mammoth Water, including water use data, is essential to the Services that we provide and a necessary part of our performance of the agreement we have with you. All information is collected, shared, and processed in accordance with the Privacy Policy.

Registration and Accounts

The Services are intended solely for persons who are at least 18 years old. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

To use certain Services, you must register. You agree to: (a) provide true, accurate, current, and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Mammoth Water may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms and the Privacy Policy. If you provide any Member Data that is inaccurate or not current, or Mammoth Water has reasonable grounds to suspect that such Member Data is inaccurate or not current, Mammoth Water has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

We reserve the right to change this at any time, requiring you to re-register through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mammoth Water immediately of any unauthorized use of your account or any other breach of security. Mammoth Water will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Mammoth Water or another party due to someone else using your account or password. Only one user may use each user name, and if you or your entity require additional user names, you must contact the Mammoth Water. You may not use anyone else’s account at any time, without the express permission of the account holder.

Member Content and Conduct

Content

As between the parties, you own the information, data, text, software, photographs, messages, posts, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API.

You understand that you, and not Mammoth Water, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services. Under no circumstances will Mammoth Water be liable in any way for any Content, 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 any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Mammoth Water will use reasonable efforts to maintain the privacy of such Content in accordance with your elections.

Conduct

You may only use the Services for your own personal non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services or content within the services, use of the Services, or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

Copying, framing or mirroring any part of the Services or the content therein;
Accessing the Services to monitor its availability, performance, or functionality;
Permitting any third party to access the Services or the content therein;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Mammoth Water;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services. Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Mammoth Water internet protocol space;
Distributing, or disclosing any part of the Services or the content therein in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Mammoth Water than a human can reasonably produce in the same period of time by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any information relating to an identified or identifiable individual, including information about users of the Services, from the Services;
Using the Services for any inappropriate commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Using or accessing the Services or any content therein for any competitive purposes, including without limitation in connection with building a similar or competitive website, service, or product
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services or the content therein; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., flow meters). While Mammoth Water may recommend the equipment or materials of certain third party suppliers, Mammoth Water shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the Content and the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

You acknowledge and agree that Mammoth Water will have no obligation to provide you with any support or maintenance in connection with the Site

Electronic and Telephone Communications

If you elect to use our features to track a meter, send messages, or share your information using the Services, Mammoth Water may require you to provide contact information. Mammoth Water may contact you via email, phone, or text message. Mammoth Water is not responsible for any content posted by any third party. Note that any information you share with other users may be made public, and there is no obligation of confidentiality in such information. Other people may share such information on other sites.

The Services may provide you with the ability to send or post messages. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Mammoth Water provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). You agree that all notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any software, data, information, or materials, used in connection with the Services (if any), any aggregated data based on Content on the Services, and any content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Mammoth Water retains sole and exclusive ownership of all rights, title and interests in the Services and all intellectual property rights relating thereto, including, without limitation, any improvements, enhancements, and derivatives thereto, and including without limitation any issued patents and pending patent applications with respect to the Services and the technology related thereto.

Subject to these terms, Mammoth Water grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services for your own non-commercial purposes. You agree not to access the Services by any means other than through the interfaces that are provided by Mammoth Water.

The term TAPP H2O, the TAPP H2O logo, the term Mammoth Water, the Mammoth Water logo, the term Mammoth Water, the Mammoth Water logo, and other Mammoth Water logos, products, and service names are the exclusive trademarks of, and are owned by, Mammoth Water PBC, and you may not use or display such trademarks in any manner without Mammoth Water’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Mammoth Water reserves all rights not expressly granted hereunder.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Site or Services (collectively, “Feedback”). If you provide Mammoth Water with any Feedback, you hereby assign to Mammoth Water all rights in such Feedback and agree that Mammoth Water shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Mammoth Water will treat any Feedback you provide to Mammoth Water as non-confidential and non-proprietary. You agree that you will not submit to Mammoth Water any information or ideas that you consider to be confidential or proprietary.

Interactions with Services

The Services function as a venue for members to track and benchmark water use in a virtual information place. As a neutral facilitator, Mammoth Water is not directly tracking the actual water use of members of the Services. As a result, Mammoth Water has no control over the truth, accuracy, quality, legality, or safety of postings or Content made by members of the Services. Mammoth Water shall have no responsibility to confirm the identity of members. Mammoth Water shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. MAMMOTH WATER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. MAMMOTH WATER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT MAMMOTH WATER IS NOT PROVIDING BUSINESS OR REGULATORY ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR REGULATORY AGENCY. SHOULD YOU HAVE ANY COMPLIANCE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR REGULATOR PROMPTLY.

YOU EXPRESSLY AGREE TO RELEASE MAMMOTH WATER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR WATER USE ACTIVITIES AND/OR USE OF THE MAMMOTH WATER AND TAPP H2O WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY MAMMOTH WATER, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MAMMOTH WATER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

MAMMOTH WATER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO MAMMOTH WATER IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

Indemnity

You agree to indemnify and hold Mammoth Water and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to any Content you submit, post, transmit, or otherwise seek to make available through the Services, your use of the Services, your water use activities which generate the Content you post or seek to post on the Services (including, but not limited to, water use activities in connection with any contests), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Mammoth Water are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Members

Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Mammoth Water’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mammoth Water will pay the additional cost. You and Mammoth Water hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Mammoth Water is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Mammoth Water, Inc., P.O. Box 100927, Denver, CO 80250, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Mammoth Water also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Mammoth Water may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Mammoth Water and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with Mammoth Water shall be governed by, and construed and interpreted in accordance with, the laws of the State of Colorado without regard to its conflict of laws principles. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

United States Operation

The Services are controlled by Mammoth Water from its offices within the United States of America. Mammoth Water makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

You agree that Mammoth Water may without prior notice, immediately terminate or suspend your account and/or access to the website or Services. Such termination may result in the destruction of all information and data associated with your account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Mammoth Water’s sole discretion and that Mammoth Water shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.

External Websites

The Services may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Mammoth Water as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Mammoth Water with respect to your use of the Services. The failure of Mammoth Water to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Mammoth Water. Mammoth Water has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Mammoth Water’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Mammoth Water reserves the right to update the Terms at any time and for any reason in its sole discretion. Mammoth Water will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Mammoth Water and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. Mammoth Water reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Mammoth Water shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

We will respond to any questions regarding the Services and these Terms via email at hello@tapph2o.com. We generally respond to support requests within 10-14 days after the request is placed.