Privacy & Terms

PRIVACY POLICY

AKUA PBC, which includes our affiliated companies, is aware that you may wish to be informed about how your personally identifying data and information, such as name, address, e-mail address, telephone/fax numbers, credit/debit card information, demographic information, gender information and responses to survey questions (“Data”) that you may provide to Beyond the Shoreline, are treated. Accordingly, we have developed this Privacy Policy (“Policy”) to explain our use of your Data as well as our precautions to keep your Data confidential and secure. By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us in our sole discretion. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarize yourself with any changes. We will post any new Policy on our websites, changing the date at the bottom of such Policy. The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.

What information do we collect?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. We do not store credit card details nor do we share customer details with any third parties.

When ordering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.

How do we use your information?

We may use the Data we collect from you when you purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize your shopping experience and to allow us to deliver the type of content and product offerings in which you are most interested;
To allow us to better service you in responding to your customer service requests;
To process your transactions even quicker;
To administer a contest, promotion, survey or other site feature; and
To send periodic emails.
To send periodic text messages.

Your Data, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

If you have opted-in to receive our e-mail newsletter, we may send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. If you would no longer like to receive promotional e-mail from us, please click "unsubscribe" link on the bottom of each e-mail newsletter. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your Data. Your Data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by us. Thus, we cannot be responsible or liable for the security of your Data whilst in transit via the Internet to us.

Do we use "cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

How can you opt-out, remove or modify information you have provided to us? To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Data Transfer Abroad.

Beyond the Shoreline may have databases in different jurisdictions. Beyond the Shoreline may transfer your Data to one of its databases or to companies within the Beyond the Shoreline group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Beyond the Shoreline group and/or its partners and to this end to its trans-border transmission.

Third party links

Occasionally, at our discretion and in an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work). If you provide any personal information through any such third party web site, your transaction will occur on such third party's web site and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.

PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Spamming

Beyond the Shoreline does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.

Data and Children

To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Beyond the Shoreline will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). Our websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.

Trademark Rights

Beyond the Shoreline and its affiliates, licensors and content providers are the owners of all the trademarks used on the Beyond the Shoreline websites. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without the express written consent of Beyond the Shoreline.

Changes to our policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below.

This policy was last modified on September 30th, 2018.

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.

Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your consent

By using our site, you consent to our privacy policy.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

TERMS AND CONDITIONS

Acceptance and Modification of the Terms and Conditions.

Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Beyond the Shoreline, Inc. (“Beyond the Shoreline”, “we”, “us” or “our”), which includes Beyond the Shoreline’s affiliated companies, now or in the future (collectively and individually, the"Site”) are governed by these terms and conditions (the “Terms and Conditions”). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.

Shipping Policy

If you have placed an order, and then decide that you would like to add to that order, please e-mail us immediately at team@akua.co. If a packing slip has not been created for the order, we will happily add to the order. If a packing slip has already been created, we will not be able to add to the original order.

Backorders

We do our best to maintain our "in stock" status on all items. In the event that an item goes on backorder after you have placed your order, and your entire order cannot be fulfilled, we will contact you via e-mail. You will be given the option to 1) receive a refund for the backordered item, 2) substitute another item for the backordered item, or 3) place the entire order on hold until the backordered product comes back into stock. If you do not reply to our e-mail, your entire order will remain on backorder hold status until the out-of-stock item comes back into stock, at which point your order will ship out in its entirety.

Reselling

Products that are purchased from this website, with or without a discount code, shall not be resold without first asking Beyond the Shoreline for permission. If you want to resell one or more of Beyond the Shoreline products, then please contact us by e-mail at team@akua.co.

Refunds

If you are unhappy with your purchase for any reason, please contact us at hello@akua.co.

Returns — Opened boxes

As all of our products are food, and thus are of a perishable nature, we, unfortunately, cannot accept returns of opened boxes/boxes missing items.

Shipping Address

The customer is responsible for providing all shipping information. Please make sure that your shipping information is correct and complete before submitting your order.

Beyond the Shoreline is not responsible for shipments that are delayed or returned as a result of incorrect or incomplete shipping information, failed delivery attempts, and/or unclaimed packages.

If you have unintentionally entered incorrect shipping information, please immediately contact Customer Support at team@akua.co. We cannot guarantee that it will be possible to update the information before your package ships out, but we will do our best to change the information in the system.

If your package ships out with an incorrect address on it, and the package is lost, we are not responsible for shipping a new package to you.

If your package ships out with an incorrect address on it, but the package eventually is returned to our warehouse by the shipping provider, it is your responsibility to pay for the reshipment costs on the package; alternatively, we can refund the cost of the order minus a 3% restocking fee.

Please enter the precise shipping address. If, for example, you enter both a street address and a PO box number, we will need to contact you to confirm which place the package should be sent to. Your order will remain on hold until we confirm the shipping address. If we cannot get in touch with you within 3 days of when you placed your order, the order will be canceled.

PLEASE NOTE: Support e-mails will not always be answered on the weekends. We will do our best to contact you as soon as possible once we receive your request for support.

Processing Time

Orders are processed within 1–3 business days of receipt from our warehouse, and orders will ship out once processed. Therefore, delivery-time quotes begin when the package leaves the warehouse after the 1–3 business days of processing are completed.

During sales and promotional periods, orders may take an additional 1–3 days to process.

Orders placed after 14 p.m. EST Monday through Thursday will begin processing the following day.

Orders placed after 10 p.m. EST Friday and on the weekend will begin processing starting on the following Monday, unless Monday is a major holiday, at which point orders will begin processing on Tuesday.

Missing Packages

Currently, no package is insured above and beyond the automatic insurance offered by certain carriers. If the delivery carrier doesn't deliver your package or claims to have made the delivery but you have not received it, we will do our best to help you locate the package by opening an investigation with the carrier.

We are NOT the delivery carrier and, therefore, are not responsible for undelivered packages. We are unable to reship a package that is not received, as it is the responsibility of the delivery carrier to ensure that the package reaches you.

It is the customer's responsibility to read the shipping options below before purchase to be informed about which carrier services offer automatic insurance and what the terms of that insurance are.

Shipping: U.S. Customers

U.S. orders are shipped from U.S. through FEDEX/UPS/DHL, and the estimated delivery time is 5 working days from the date the order is processed.

We are not responsible for packages that go missing internationally. We will help as much as possible in the event your package goes missing, but ultimately lost packages are the fault of the shipping provider and we cannot assume the responsibility of replacing or refunding missing packages.

Shipping: Canadian Customers

Canadian orders are shipped from U.S. through The United States Postal Service, and the estimated delivery time is 5-10 working days from the order.

Customs

Beyond the Shoreline is not responsible for paying fees or rates charged by customs. It is the customer's responsibility to pay customs fees and rates.

If you refuse to accept your package at customs due to high customs fees, we are not responsible for refunding that order or reshipping the order via another carrier. The package will be abandoned at customs. If you want a refund on your order, you are responsible for paying the customs fee to ship the package back to us. As such, once the package is received back at our warehouse, you will be credited for the cost of your order minus the original shipping charge and minus the customs charge to send the package back to us (if you haven't paid it yet).

Beyond the Shoreline is not responsible for reshipping orders that are refused at customs. If customs refuses a package, sends it back to us, and we receive it back from customs, we can issue you a refund for the order only if we receive the package back and if the contents are in sellable condition.

In the event the package is not returned to us by customs or is lost in transit, we cannot issue you a refund. We are not responsible for paying for the package to be returned to us or for reimbursing the customer for that cost.

International orders/shipments may be subject to the possible opening of packages and inspection of goods by customs officials in the country of delivery. Beyond the Shoreline is not responsible for orders that are held up at customs, damaged by customs, or refused entrance by customs due to this process.

NOTE: Possible custom and duty charges will occur especially for Canadian shipping.

Buying Policy

The products on this site are for individual use ONLY, and may not be resold or redistributed. Beyond the Shoreline reserves the right to refuse service to anyone, at any time and for any reason, without notice.

Reliance on Website Information

The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.

Recurring Subscriptions

When starting a Beyond the Shoreline Membership, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is a) cancelled or b) paused. To be eligible for 10% membership discount you will agree to with minimum 3 shipments. If cancelling before 3 shipments Beyond the Shoreline can invoice the discount. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely. Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration. The term of your subscription is continuous.

Copyright and Intellectual Property

The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Beyond the Shoreline or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided in “Use of the Site” set forth below, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Beyond the Shoreline and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Beyond the Shoreline may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted Beyond the Shoreline to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Beyond the Shoreline, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Beyond the Shoreline or others. Your use of any Content, except as provided in these Terms and Conditions, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Beyond the Shoreline, whether registered or unregistered, may not be used in connection with any product or service that is not Beyond the Shoreline’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Beyond the Shoreline's trade names, trademarks or service marks without our express prior written consent. Beyond the Shoreline will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

Use of the Site

You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Beyond the Shoreline or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Beyond the Shoreline’s sole discretion. Beyond the Shoreline neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.

Username/Password

In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Beyond the Shoreline and its affiliated entities.

Information Deemed Non-Confidential

You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Beyond the Shoreline, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Beyond the Shoreline through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Beyond the Shoreline and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Beyond the Shoreline is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to Beyond the Shoreline. You grant Beyond the Shoreline and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Site will be handled in accordance with the site's Privacy Policy above. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Beyond the Shoreline for all claims resulting from content you supply.

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Beyond the Shoreline under any fiduciary or other obligation.

Rules for Using the Site

You agree to follow the conduct rules listed below:

You will not knowingly provide or post any false, misleading, or fraudulent information.
You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
Information provided or posted by you will not violate the trade secret rights of any third party.
Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
You will not use the Site to transmit any spyware, virus or similar destructive program or code.
You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.

Site Access

We may discontinue all or part of the Site at any time, in our sole discretion. Beyond the Shoreline may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Beyond the Shoreline, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Beyond the Shoreline or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.

Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

Minors and Children

The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Beyond the Shoreline does not endorse any of the products or services identified on such sites.

Change of Information, Availability of Products / Services

The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Beyond the Shoreline may accept or reject your offer, and your offer is not accepted by Beyond the Shoreline until Beyond the Shoreline ships your order.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Beyond the Shoreline makes no guarantee that information on the Site is error-free, complete or current. Beyond the Shoreline reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Beyond the Shoreline may decline your offer or Beyond the Shoreline may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

In connection with placing an order, you may be asked by Beyond the Shoreline or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Beyond the Shoreline or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

Links

As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Beyond the Shoreline. However, even if such third parties are affiliated with Beyond the Shoreline,Beyond the Shoreline has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Beyond the Shoreline. Beyond the Shoreline is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO THESE TERMS AND CONDITIONS, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEYOND THE SHORELINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

BEYOND THE SHORELINE DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Any advice or information, be it oral or written, obtained from Beyond the Shoreline or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms and Conditions.

Limitation of Liability

YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYOND . THE SHORELINE, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY BEYOND THE SHORELINE), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.

ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. BEYOND THE SHORELINE ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.

BEYOND THE SHORELINE RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. BEYOND THE SHORELINE ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF BEYOND THE SHORELINE OR ANY THIRD PARTY.

Indemnification

You agree to defend, indemnify and hold harmless Beyond the Shoreline and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms and Conditions.

Miscellaneous

Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Beyond the Shoreline products, services, and company. These Terms and Conditions shall be construed in accordance with the laws of Delaware, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of [Los Angeles County, California.] By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.

You agree that in the event you have or may have any alleged claim against Beyond the Shoreline or any of Beyond the Shoreline vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Beyond the Shoreline or its vendors or licensors.

These Terms and Conditions embody the entire agreement concluded between Beyond the Shoreline and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Beyond the Shoreline and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms and Conditions.

The fact that Beyond the Shoreline tolerates a violation by yourself of one of the obligations set out in the Terms and Conditions, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

In the event that any provision of the Terms and Conditions is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms and Conditions maintaining full force and effect between yourself and Beyond the Shoreline.

The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Termination

The Terms and Conditions shall remain effective until terminated as outlined herein. You agree that Beyond the Shoreline in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such sweepstake, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Beyond the Shoreline urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms and Conditions, governs any information you submit in connection with such activities.

Mobile Message Service Terms and Conditions

Last updated: September 20, 2021

This mobile message service (the "Service") is operated by Akua Life, PBC (“Akua”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service may provide transactional updates, alerts, and information (e.g., order updates, account alerts, etc.), as well as promotions, specials, and other marketing offers (e.g., cart reminders) from Akua via text messages through your wireless provider to the mobile number you provided. It is estimated that you will receive up to 3 promotional/marketing messages per month (in addition to a welcome message and transactional alerts and updates, as applicable), however you acknowledge that message frequency will vary. Text the single keyword command STOP to +1 (855) 913-4352 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Akua mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 913-4352 or email hello@akua.co.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a shortcode or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Beyond the Shoreline a written notice by mail, e-mail or fax, requesting that Beyond the Shoreline remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Beyond the Shoreline a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/for details.

Changes to this Website

We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

AKUA PBC Contact Information

team(at)akua.co
Cotuit, MA 02635
United States

Last modified: November 8th, 2022