Terms & Conditions

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  1. Acceptance of Terms of Use

 

Welcome to www.MoorAlkaline.com (Site). JM and Associates and team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all terms and conditions outlined in this agreement. You will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change the Site and these terms and conditions at any time. 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) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks and 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, or access to the Service or any contact on the website. The headings used in this Agreement are included for convenience and will not limit or otherwise affect those terms.

II. Data Protection Disclaimers/Privacy & Security

 

Please refer to our Privacy Policy ( Click Here) for our full privacy and security practices, which is incorporated withing these terms of conditions and fully governs your use of our site and it’s services within. If there is any conflict between the terms of the privacy policy and the terms of conditions, the terms of the conditions will govern.  Information security is extremely important to www.mooralkaline.com and it’s partners. Therefore, we have cultivated an appropriate physical, electronic and managerial safeguards to ensure we protect the information we collect about our users. Per law, at times we are obliged to disclose any information necessary to satisfy applicable law, regulation, legal processes or governmental requests. For example, in cases of fraud. Please click here to view our Privacy Policy.

 

III. Eligibility

 

Www. MoorAlkaline.com is not intended or targeted for use by anyone under the age of 18. By using the site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the site, or engaged in any activity that could result in suspension or removal from the site, and (d) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

 

IV. Delivery Terms

 

Customer will purchase bottled water beverages (products) as ordered by customer. MoorAlkaline.com reserves the right to subject all orders to a minimum of $20 per monthly subscription. Delivery fees are included with the plans offered on www.mooralkaline.com. Additional refills beyond what is included in your subscription will incur additional costs that vary based on the size and type of product.

 

Deliveries are made monthly or weekly as specified in your subscription details. Refills requests are filled within 7 days. Deliveries are made to your doorstep, unless you specify otherwise in writing 7 days prior to your scheduled delivery date. You agree to give our delivery team open access to the premises including gate codes for community entry, be available for verbal verification if community requires verification or to place our company on a delivery list for your community. All pets must be on leash at the time of delivery. Signature is not required for deliveries and if no one is available to accept delivery we will leave products at the front entrance. Our delivery team captures a digital image of proof of delivery at your residence in case you are not available to sign off on delivery. If we are unable to make delivery as scheduled due to any of the negligent reasons outlined above you will be accessed a $5.00 reschedule fee.

 

V. Trademarks/Copyrights

 

The works of authorship contained on the site, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by www.MoorAlkaline.com and are protected by United States and international copyright laws and regulations. In addition, www.MoorAlkaline.com owns a copyright to the site as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the site. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of www.mooralkaline.com. www.mooralkaline.com does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000

 

VI.  Registration, Account and Communication Preferences

In order to access and use certain areas or features of the site, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the site or your account.

By creating an account with us, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

VII. Payment Terms

Online Payments

 

By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to order. You also represent and warrant that you are authorized to use the designated payment method. www.MoorAlkaline.com reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send Moor Alkaline a payment authorization, you authorize www.MoorAlkaline.com to charge your transaction account and remit funds on your behalf. www.MoorAlkaline.com anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond the control of www.MoorAlkaline.com, some transactions may take more than two (2) business days to post. Therefore, www.MoorAlkaline.com should receive payment authorizations at least three (3) business days before the actual payment due date. If you process a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by www.MoorAlkaline.com if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and www.MoorAlkaline.com will charge you for any returned credit/debit card charges upto $50.00 return fee. www.MoorAlkaline.com does not charge you any additional fees for submitting online payments; however, you may incur charges from your financial institution to make these payments.

 

All subscription services are set on automatic recurring billing and any changes to payment information should be made within 7 days of bill due date. Any late or missed payments will result in a pause of water delivery services. All services will resume when payments are satisfied.

 

Cancellations.

 

All subscriptions are month to month and require a 30 day cancellation notice. All previous balances must be paid in full at the time of cancellation. All containers must be scheduled for pick up upon 7 days of cancellation or a recovery fee of $20.00 will be accessed using the credit card on file. You authorize us to use all credit cards validated through your account with www.MoorAlkaline.com to recover any unpaid balances or recovered equipment costs.

 

Refunds

 

We do not offer any refunds. If there is any issues with containers leaking or quality of water. We will issue a replacement at no additional cost. Our distribution partners offer the highest quality water in the Harris County and Fort Bend Counties and we are committed to the pledge of quality premium water services.

 

We reserve the right to suspend a customer’s service or cancel a customer’s account for any reason and specifically for the following reasons:

 

  • Multiple failed delivery attempts
  • Continuous failed payments
  • Inappropriate behavior or interaction with delivery team

VIII. Copyrights

The content contained on www.mooralkaline.com including but not limited to, design, text, images, audio, video, logos, or any branding of our Dream Tree Richmond Store, are owned and protected by the United States of American international copyright laws and regulations. Without written authorization of www.mooralkaline.com  the copyrights as a collective or individually cannot be copied, transmitted, displays, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner.

 

IX   Trademarks

 

“www.mooralkaline.com,” and any other service names, logos or slogans that may appear on the site are trademarks of www.mooralkaline.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of www.mooralkaline.com without our prior written permission. In addition, the look and feel of the site, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of www.mooralkaline.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned on the site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by www.mooralkaline.com.

X.   Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the site for noncommercial purposes, provided that such link does not portray www.mooralkaline.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a www.mooralkaline.com logo or other proprietary graphic of www.mooralkaline.com to link to the site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any www.mooralkaline.com trademark, logo or other proprietary information, including the images found on the site, the content of any text or the layout or design of any page, or form contained on a page, on the site without our express written consent.

 

Links to non third party websites are provided solely as pointers to information on topics that may be useful to you. www.mooralkaline.com makes no representation or warranty, either expressed or implied, about the content of any third party website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to third party websites do not imply that www.mooralkaline.com endorses, or is responsible for, the opinions, ideas, products, information or services offered by the third party website.

XI.   Third Party Content

We may display content, advertisements and promotions from third parties through the site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

XII.   User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the site. You agree that you will abide by these Terms of Use and will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and www.mooralkaline.com;
Use the site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the site or that could damage, disable, overburden or impair the functioning of the site in any manner;
Reverse engineer any aspect of the site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the site;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the site that you are not authorized to access;
Develop any third party applications that interact with User Content or the site without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the site; or
Use the site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.

XIII. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about www.mooralkaline.com, the site or any of our products or services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of www.mooralkaline.com. www.mooralkaline.com shall own exclusive rights, including, without limitation, all intellectual property rights in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

XIV.   Site Disruptions

 

www.mooralkaline.com is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of www.mooralkaline.com. Furthermore, www.mooralkaline.com is not liable for any computer viruses, malicious code or other defect in the site or incompatibility among the site, files and your browser or other site accessing program.

XV.   Disclaimer of Warranties

 

WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE site, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR site, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE site MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE site DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

 

THE site AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. www.mooralkaline.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE site AND CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE site OR CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the site (or any features or functionality of the site) at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

XVI.   Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL www.mooralkaline.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITE), OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM www.mooralkaline.com, OR FROM EVENTS BEYOND www.mooralkaline.com’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BLUE APRON PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

 

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF www.mooralkaline.com FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

XVII.   Modifications to the site

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the site (or any features or parts thereof) at any time.

XVIII.   Dispute Resolution; Arbitration

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH www.mooralkaline.com AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a.   Binding Arbitration

You and www.mooralkaline.com each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms of Use, the site or the Content, resolved in a court and by a jury trial. Instead, you and www.mooralkaline.com agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms of Use. The foregoing waivers shall not apply to any Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents.

b.   No Class Arbitrations, Class Actions or RepresentativeActions

You and www.mooralkaline.com agree that any Dispute arising out of or related to these Terms of Use, the site or the Content is personal to you and www.mooralkaline.com and that such Dispute will be resolved solely through individual binding arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and www.mooralkaline.com agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and www.mooralkaline.com agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. Costs for Arbitration will be shared equally and neither party will incur the other parties legal costs unless as a ruling in the final binding arbitration.

c.   Federal Arbitration Act

You and www.mooralkaline.com agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d.   Notice; Informal Dispute Resolution

You and www.mooralkaline.com agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to www.mooralkaline.com shall be sent by certified mail or courier to www.mooralkaline.com of JM And Associates., Attn: Legal Department, 8433 FM 1464 Suite L-99 Richmond, TX. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and www.mooralkaline.com cannot agree how to resolve the Dispute within thirty (30) days after the date of notice is received by the applicable party, then either you or www.mooralkaline.com may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.

e.   Process

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 11 OR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND www.mooralkaline.com AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR www.mooralkaline.com WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND www.mooralkaline.com WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and www.mooralkaline.com agree that (a) any arbitration will occur in Fort Bend County, Republic of Texas, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Texas and the United States, respectively, sitting in Fort Bend County (for state) and Harris County (for Federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

f.   Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

g.   Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

XIX.   Governing Law and Venue

 

According to sections federally protected (such as copyright and trademark),These Terms of Use and your access to and use of the site shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved in the state courts of Fort Bend County, Republic of Texas.

Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the site at any time and for any or no reason.

XX.   Severability

If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms of Use.

XXI.   Miscellaneous

 

These Terms of Use constitute the entire agreement between you and www.mooralkaline.com relating to your access to and use of the site. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of www.mooralkaline.com. No waiver of any provision of these Terms of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and www.mooralkaline.com’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.[/vc_column_text][/vc_column][/vc_row]

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