Terms & Conditions

Effective Date: August 21 st 2025

Welcome to www.drinkmamawater.com (the “Site”), operated by The Mama Company, LLC (“The Mama Company,” “we,” “us,” or “our”).

These Terms and Conditions (“Terms”) govern your access to and use of the Site, including the purchase of any products (“Products”) offered through the Site.
Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

1. Eligibility

This Site is intended for individuals 18 years of age or older. By using the Site, you
represent and warrant that you are of legal age and capable of forming a binding
contract. If you do not meet these requirements, you must not access or use the Site.
Children’s Privacy: We do not knowingly collect personal information from children
under 13. If we learn that we have collected such information, we will delete it promptly
in compliance with the Children’s Online Privacy Protection Act (COPPA).

2. Use of the Site

We grant you a limited, non-exclusive, revocable license to access and use the Site for lawful personal, non-commercial purposes. You agree not to:
-Use the Site in any manner that violates applicable laws or regulations.
-Infringe upon or violate our intellectual property rights or the rights of others.
-Upload or transmit viruses or malicious code.
-Engage in automated scraping, data mining, or similar data gathering.
-Reverse engineer or attempt to derive the Site’s source code.

We reserve the right to terminate access at our discretion if you violate these Terms.

3. Intellectual Property

All materials on the Site — including trademarks, content, design, text, graphics,
images, videos, and software — are the property of The Mama Company or its licensors and protected by intellectual property laws. You may not reproduce, modify, distribute, or exploit any Site content without prior written permission.

4. Product Orders and Transactions

All orders are subject to acceptance and availability. We reserve the right to limit
quantities or refuse orders.

A. Pricing and Payment

Prices are in U.S. dollars and exclude applicable taxes and shipping. We reserve the
right to correct errors in pricing or descriptions and to cancel affected orders. Payments are processed by third-party providers (e.g., Shopify Payments). We do not store your full payment card information.

B. Resale Prohibition

Products purchased are for personal use only. Unauthorized resale is strictly prohibited.

C. Cancellations and Refunds

You may cancel before shipment for a full refund. Please see our Refund Policy for
more.

D. Subscription Terms

Subscriptions automatically renew unless canceled before the end of the billing cycle.

We will notify you of material changes as required by law. You may cancel by
emailing support@drinkmamawater.com or through your account. Before checkout, you will be required to affirmatively agree to subscription terms and renewal disclosures as required under applicable law. You will also receive an acknowledgment email with full subscription terms, including cancellation instructions, as required under the California Automatic Renewal Law (ARL).

E. Text Message and Email Communications

By opting in, you consent to receive promotional and transactional messages via SMS
and email. Message/data rates may apply. Text STOP to opt out. You may unsubscribe from marketing emails using the link in any message. We comply with the Telephone Consumer Protection Act (TCPA) and applicable spam laws.

F. Sales Tax

Sales tax is collected where required. In states where not collected, you may be liable
for use tax. For example:

-Colorado: Retailers must notify purchasers they may owe state use tax on out-
of-state purchases.
-Oklahoma: Purchasers must report use tax on their state tax return.
-South Dakota: The Site may be required to collect sales tax based on sales
volume thresholds.

5. User Accounts

If you register for an account:

-You must provide accurate information.

-You are responsible for maintaining account security.
-Notify us immediately of unauthorized use.
We may suspend or terminate accounts suspected of misuse.

6. User-Generated Content

By posting content (reviews, images, social media tags), you grant The Mama Company a non-exclusive, royalty-free, worldwide, perpetual license to use and display such content in connection with marketing and operations. You represent that:

-You own or have rights to submitted content.
-It does not violate third-party rights or laws.
-It is not defamatory, harmful, or offensive.

We reserve the right to remove or monitor content at our discretion.

7. Privacy

By using the Site, you agree to the terms of our Privacy Policy, including how we collect, use, and share your data.

8. Prohibited Conduct

In addition to earlier provisions, you agree not to:

-Use the Site in a manner that could harm, disable, or impair the Site or its users.
-Collect personal data without consent.
-Engage in disruptive behavior.

9. Health Disclaimers

The Mama Company does not provide medical advice. Products are not intended to
diagnose, treat, cure, or prevent any disease and have not been evaluated by the FDA. Consult with a healthcare provider before use.

10. Disclaimer of Warranties

The Site and all content, products, and services are provided “AS IS” without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee:

-Continuous or error-free access.
-That products will meet your expectations.
-That the Site or servers are free of harmful components.

11. Limitation of Liability

To the maximum extent permitted by law, The Mama Company shall not be liable for:

-Indirect, incidental, consequential, or punitive damages.
-Loss of data, profits, or goodwill.
-Liability exceeding the amount paid for the product giving rise to the claim or
$500, whichever is less.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Mama Company, its officers,
directors, employees, and agents from any claims, damages, liabilities, or expenses
arising from your use of the Site or violation of these Terms.

13. Arbitration and Dispute Resolution

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to
these Terms shall be resolved by binding arbitration administered by the American
Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Dallas County, Texas, unless otherwise agreed by the parties. The parties shall share arbitration fees equally, unless prohibited by law, in which case The Mama Company will bear the costs.

Class Action Waiver: YOU AGREE TO RESOLVE DISPUTES WITH US ONLY ON
AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Opt-Out: You may opt out of binding arbitration by sending a written notice to The
Mama Company, LLC, Attn: Legal Department, 8750 N. Central Expressway, Suite
1735, Dallas, Texas 75231 within 30 days of first use.

14. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes not subject to arbitration will be litigated exclusively in courts located in Dallas County, and you consent to the jurisdiction and venue of such courts.

However, nothing in these Terms limits or waives any rights you may have under the
consumer protection laws of your state of residence if those laws provide additional
protections.

15. Force Majeure

We are not liable for any failure or delay in performance due to events beyond our
reasonable control, including but not limited to acts of God, war, terrorism, cyberattacks, government actions, pandemics, natural disasters, labor shortages or strikes, supply chain disruptions, or telecommunications or utility failures.

16. DMCA Policy

If you believe content on the Site infringes your copyright, submit a DMCA takedown
notice to:

The Mama Company, LLC
8750 N. Central Expressway, Suite 1735, Dallas, Texas 75231
Attn: Copyright Agent
Email: support@drinkmamawater.com
Include name, contact info, description of work, URL, and statement of good faith.

17. Automatic Renewal Notice (Applicable States)

Some states require clear disclosures for automatic renewal terms. By purchasing a
subscription through the Site, you acknowledge and agree that:

- Your subscription will automatically renew at the stated interval unless canceled
prior to renewal.
-You will be charged the applicable subscription fee at the time of each renewal
using the payment method you provided, unless you cancel in advance.
-You may cancel your subscription at any time via your account dashboard or by
emailing us at support@drinkmamawater.com.
-You will receive a confirmation email after subscribing, which includes the terms,
cancellation instructions, and contact information.
-We will notify you of any material changes to terms or pricing before they take
effect, as required by law.
-We provide reminders of upcoming renewals where required by law (e.g.,
California, Vermont, and New York).

-You may request a refund for charges made in error within 30 days of the
charge.
State-Specific Disclosures Include:
-California (Cal. Bus. & Prof. Code §17600 et seq.): You will see a clear opt-in
and receive an acknowledgment email. You may cancel anytime without penalty.
-New York (G.B.L. § 527): You will receive clear and conspicuous renewal terms
and reminder notices for annual subscriptions.
-Vermont (9 V.S.A. § 2454a): You will receive a post-purchase acknowledgment
including cancellation instructions and a renewal reminder 30 to 60 days before
your annual renewal.
-Delaware (6 Del. C. § 2734): Negative option features are disclosed clearly in
writing.
-Illinois (815 ILCS 601): Automatic renewals are clearly and conspicuously
disclosed, and reminders are provided before renewal for terms 12 months or
longer.
-Connecticut (Conn. Gen. Stat. § 42-126b): Subscribers must be provided
notice of renewal 15 to 60 days before renewal of annual terms.

18. Accessibility

We are committed to making our website accessible to all users. We strive to conform to WCAG 2.1 Level AA accessibility standards. If you experience difficulty,
email support@drinkmamawater.com for support or assistance. A formal Accessibility Statement is also available in our website footer.

19. State-Specific Rights

You may have additional rights under your state’s consumer protection laws. Nothing in these Terms waives non-waivable consumer rights. For example:

-California: Residents have the right to cancel subscriptions without penalty and
receive notice of recurring charges.
-New York: Specific disclosures for automatic renewal must be clear and
conspicuous.
-Illinois: Restrictions apply to automatic renewal unless clearly and conspicuously
disclosed.
-Vermont: Subscribers must be provided an acknowledgment with cancellation
terms and contact information.
-Delaware: Certain negative option features must be disclosed clearly in writing.

20. California Consumer Rights Notice
Under Cal. Civil Code §1789.3:

-The Consumer Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted at:
o Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
o Phone: (800) 952-5210

-You may also contact us at:
o The Mama Company, LLC
8750 N. Central Expressway, Suite 1735, Dallas, Texas 75231
o Support@drinkmamawater.com

21. Modification of Terms
We reserve the right to modify these Terms at any time. Continued use of the Site after changes constitutes acceptance. If changes are material, we will provide notice as required by law. Updates will be reflected by a revised “Effective Date” at the top of this page. We encourage users to review these Terms regularly.

22. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any
reason, the remaining provisions shall remain in full force and effect.

23. Entire Agreement
These Terms, together with our Privacy Policy and any order or subscription terms
provided at checkout, constitute the entire agreement between you and The Mama
Company regarding your use of the Site.

24. Contact Us

If you have any questions:

-Email: support@drinkmamawater.com