Effective Date: January 1, 2025
These Terms of Use (“Terms”) govern your access to and use of websites owned and operated by Waterfront Brands, LLC and its subsidiaries and affiliates (collectively, “Waterfront Brands,” “we,” “us,” or “our”), including but not limited to:
* and any other websites, mobile applications, or digital services that link to these Terms (collectively, the “Sites”).
By accessing or using the Sites, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Sites.
---
1. Basic Terms and Prohibited Activities
You are responsible for your use of the Sites and any information you provide. In connection with your use, you agree that you shall not:
1. Copy, reverse engineer, disassemble, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any content obtained through the Sites.
2. Access the Sites by any means other than standard, authorized interfaces.
3. Transmit unlawful, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable content.
4. Impersonate any person or entity or misrepresent your affiliation.
5. Introduce viruses, malware, or use the Sites in a way that could damage, disable, overburden, or impair our servers or networks.
6. Violate intellectual property rights, applicable laws, or regulations.
7. Manipulate or display the Sites using framing, scraping, or similar technology.
8. Use the Sites for unlawful, fraudulent, or prohibited purposes.
---
2. Privacy
Your use of the Sites is subject to our \[Privacy Policy], which explains how we collect, use, and safeguard your information. By using the Sites, you consent to our data practices in compliance with applicable laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA), the Colorado Privacy Act, and other applicable U.S. state privacy regulations effective in 2025.
---
3. Our Rights
All rights, title, and interest in the Sites remain the property of Waterfront Brands and its licensors. The Sites are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you rights to use Waterfront Brands’ trademarks, logos, or trade dress without express written permission.
Any feedback, comments, or suggestions you provide are voluntary and may be used by us without obligation or compensation.
---
4. Product Ideas and Submissions
We do not accept unsolicited product ideas under any obligation. Any submissions are deemed voluntary, non-confidential, and without expectation of compensation. You agree that Waterfront Brands may freely use, disclose, and develop ideas submitted without restriction.
---
5. Links to Third-Party Sites
The Sites may contain links to third-party websites or resources. Waterfront Brands is not responsible for their content, availability, products, or services. Links do not imply endorsement. Your use of third-party resources is at your own risk.
---
6. Monitoring and Enforcement
We reserve the right (but are not obligated) to monitor user content on the Sites. We may remove, edit, or refuse to post content at our discretion. We may disclose content if required by law or to protect our rights, users, or third parties.
We reserve the right to restrict or terminate access to the Sites at any time without notice.
---
7. Accounts, Passwords, and Security
Certain features may require account registration. You agree to provide accurate information and maintain confidentiality of your login credentials. You are responsible for all activity under your account. Notify us immediately of unauthorized use. Waterfront Brands is not liable for loss resulting from unauthorized account use.
---
8. Third-Party Content
Some content may be supplied by third parties. Waterfront Brands does not guarantee accuracy, completeness, or usefulness and assumes no liability for reliance on such content.
---
9. Copyright Policy (DMCA Compliance)
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).
If you believe content infringes your copyright, please submit a notice including:
1. Your physical or electronic signature.
2. Identification of the copyrighted work.
3. Identification of the infringing material and its location.
4. Your contact information.
5. A statement of good-faith belief the use is unauthorized.
6. A statement, under penalty of perjury, that you are authorized to act for the copyright owner.
Send notices to:
Copyright Agent
Waterfront Brands – Legal Department
1025 International Drive
Fergus Falls, MN 56538-0358
Email: [legal@waterfrontbrands.com](mailto:legal@waterfrontbrands.com)
---
10. Indemnification
You agree to indemnify and hold harmless Waterfront Brands, its affiliates, officers, directors, employees, and agents from any claims, damages, or losses arising out of your use of the Sites or violation of these Terms.
---
11. Disclaimer of Warranties
The Sites are provided “as is” and “as available.” To the fullest extent permitted by law, Waterfront Brands disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant uninterrupted or error-free operation, security, or that the Sites are free from harmful components.
---
12. Limitation of Liability
To the fullest extent permitted by law, Waterfront Brands and its affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, data, or goodwill, arising from your use or inability to use the Sites.
---
13. Accessibility
We strive to make our Sites accessible in accordance with applicable accessibility laws, including the Americans with Disabilities Act (ADA) and WCAG 2.2 standards. If you encounter accessibility barriers, please contact us at [accessibility@waterfrontbrands.com](mailto:accessibility@waterfrontbrands.com).
---
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Minnesota, without regard to conflicts of law. Any disputes shall be brought in the state or federal courts located in Hennepin County, Minnesota.
We make no representation that the Sites are appropriate outside the United States. Users accessing from outside the U.S. do so at their own risk.
---
15. Waiver and Severability
Failure to enforce a provision shall not waive our right to enforce it later. If any provision is found unenforceable, the remaining Terms shall remain in full force.
---
16. Entire Agreement
These Terms, along with our Privacy Policy, represent the entire agreement between you and Waterfront Brands regarding the Sites. They supersede all prior agreements.
We may update these Terms from time to time. Changes will be effective upon posting with a new version date. Your continued use constitutes acceptance.
---
Version Date: January 1, 2025