# Local Weather — Full Site Content for LLMs > Local Weather (LW Beverage Co. Inc.) is a 100% natural functional sports drink with only 6g of natural cane sugar and 35 calories, powered by electrolytes, nootropics (L-theanine, L-tyrosine) and KSM-66 Ashwagandha adaptogens, in a resealable, infinitely recyclable aluminum bottle. Non-GMO, vegan, kosher, gluten-free and caffeine-free. This file concatenates the site's public page content for language models. Canonical domain: https://drinklocalweather.com Generated from a site crawl. Source of truth is the live site. --- # Home URL: https://drinklocalweather.com/ # A 100% natural sports drink designed for our generation. [buy now](https://drinklocalweather.com/products/) ## Introducing the cleaner, healthier sports drink. For you, your sports, and our planet. Local Weather is a functional sports drink made for however you choose to move. Made for basketball or roller skating or gaming or chilling after a jump-rope marathon. This is proper hydration for your body as well as your mind, superpowered with adaptogens, nootropics, and only 6g of natural sugar. Made cleaner, healthier and friendlier, to regulate your own personal ‘Local Weather’. ### US. The first sports drink for you and your values. Formulated for feeling every kind of better with adaptogens and natural hydration in an eco-conscious package for today’s athlete. - Only 6g of natural sugar - Just 35 calories per bottle - Electrolytes, vitamins, minerals & antioxidants - Nootropics to improve mental performance - Adaptogens for stress & maintaining healthy proteins - Resealable and infinitely recyclable aluminum bottle Lower Sugar NON-GMO Completely Recyclable ### VS. ### Them. Traditional corporate players doing it the same way since football players didn’t wear helmets. Artificial everything. So much plastic. And all the marketing dollars. - 28g+ of sugar - High fructose corn syrup - Artificial sweeteners - No nootropics - No adaptogens - Plastic bottle of doom!!! Lots of Food Dyes Plastic, Plastic. ## The sports drink to bring us out of the dark ages. Green Metal Aluminum is infinitely recyclable. We’re the first sports drink to do this. Hopefully not the last. Just 6g of natural cane sugar. Only 35 calories. Research high fructose corn syrup and you’ll know why. Natural Hydration Using healthier earthy stuff like pink Himalayan salt and coconut water. Focus + Performance Adaptogens and nootropics from natural sources. Non-GMO for Y-O-U Also kosher. Also vegan. No caffeine or gluten either. Obviously. ### You don’t just use your body when you play. Keep your mind in the game too. ##### Hydration + Nootropics + Adaptogens Science tells us that proper hydration is also about recovery – for both mind + body. So Local Weather features four sources of natural electrolytes, which is far more than most. Plus natural nootropics and adaptogens to maintain healthy protein building, help you adapt to life stresses, and keep you alert without caffeine. [Learn more](http://drinklocalweather.com/our-drinks/) ### Sport sustainably. ##### Rejoice in aluminum. It’s crazy. Literally every other sports drink uses plastic bottles. That’s right. Every. Single. One. By being the world’s first in a resealable, reusable, infinitely recyclable aluminum bottle, we hope to lead the industry to a more sustainable norm. Here’s to changing the game. [Learn more](http://drinklocalweather.com/our-planet/) ## Let’s change the sports drink game for good. We are a body + mind sports drink designed to support however you choose to move, and the planet too. Because this is where we live, after all. [Learn more](https://drinklocalweather.com/our-story/) --- # Our Story URL: https://drinklocalweather.com/our-story/ ## The sports drink game is busted. We’re here to fix it. ### Name an athlete who doesn't care about their health and the ingredients they put into their bodies. Impossible. So why are the traditional sports drinks that are supposed to be "good for you" packed with artificial ingredients and insane amounts of sugar? We don't know either. But what we do know is that we're going to change the sports drink landscape forever. ### Here’s why… The world is trapped in a serious sugar addiction, and kids who think their role models chug this stuff by the gallon (especially when most don’t) is just not OK. And don’t even get us started on all the plastic bottles. Are we really the first to use an infinitely recyclable aluminum bottle with a resealable cap? Apparently so. But we hope we’re not the last. Because with Local Weather, we’re here to change the sports-drink game for good. With just 6g of natural sugar, only 35 calories, natural electrolytes, adaptogens and nootropics, we’re the first sports drink made to naturally replenish both your body and your mind. Inclusive of all sports, and formulated for however you choose to move. There’s so much more to say, and we’re just getting started. **Let’s reinvent for better, together.** ### Better for your body. And your mind. Our generation is different. Most of us aren’t traditional athletes playing conventional sports. We do what feels fun and maybe we’ll call it a sport or maybe we won’t. What we do know is that we want to stay hydrated and that we care about what we put in our bodies. So 28+g of sugar in an unacceptable plastic bottle? No way. Local Weather is made with adaptogens for balancing stress and nootropics to feel great mentally. In fact, we believe in hydrating your mind first, then your body. Because your body can’t do its thing when your mind isn’t clear enough to tell it what to do. Local Weather is cleaner, healthier and made for how we move today. All in an infinitely recyclable aluminum bottle. It’s about time. #### Low sugar Just 6g of natural sugar compared to 28+g of high fructose. That’s some easy math. #### Nootropics Nootropics give clear thinking, boost energy and erase stress. Play longer, think sharper. #### Adaptogenics The awesome adaptogen ashwagandha helps calm and soothe. Before, during, after or whenever you need calming and soothing. ### Better for the planet. Every other brand in the sports drink category bottles in plastic. And the stats on plastic recycling are truly sad. But aluminum is infinitely recyclable and uses far less energy. Though we are the first to use it, we hope others copy us. Fast. #### Sustainable We use aluminum. We call it “green metal,” the world’s most infinitely recyclable material. #### Resealable That same great functionality of resealability we’re all used to with sports drinks. Just done better, cuz aluminum. #### First. Only? We’re proud to be the first sports drink in a resealable aluminum bottle. We hope we’re not “the only” for long. ## For all types of people. Every conceivable sport. And our only planet. It’s time for a cleaner, friendlier, healthier hydration for however _you_ move and whoever _you_ are. Conventional athletes and traditional sports are welcome, but not required. Local Weather is deliciously 100% inclusive and happy to be here. Helping you play hard and feel amazing whether Tik-Tokking, pickleballing or whatever else gets you sweating. The Grandma Mile. Backpack Grocery-Getting. Sprint Chess. Drum circling. Fencing. Break dancing, line dancing, ballroom dancing, trance dancing, square dancing,mime dancing. Mimes? Yes. All the mimes. Every conceivable martial art. Knitting. Gaming. Endurance rock throwing. Star gazing. Jumping rope. All-night hopscotch. Stickball. Pickleball. Football. Foosball. The other kind of football. Formula 1 Racing. Formula 2 Racing. Jai Alai (DuckDuckGo that, you’ll dig it). Chess. Competitive staring. Flying kites. Skydiving. Tree climbing. Tree planting. Tree Hugging. Lumberjack competitions. Weightlifting. Jazzercise. CrossFit. Playing bridge with your Uncle Shneevly. Moat digging. Baseball. Hackey sack. Ping Pong. Go-Karting. Basketball. Baseketball. Ice hockey. Air hockey. Roller hockey. Mullet growing. Break dancing, line dancing, ballroom dancing, trance dancing, square dancing, mime dancing. --- # Our Drinks URL: https://drinklocalweather.com/our-drinks/ ## Nothing to hide. - The sweet spot - Hydrate naturally - Nootropically minded - Ahhhhh adaptogens We worked with sports nutritionists to find the sweet spot for how much sugar is needed to give you the perfect amount of energy. Turns out, just 6g of natural cane sugar does the trick. Below that does no good (you needs carbs for energy). But to go above that (like the traditional players with their 28+g of high fructose corn syrup) is overboard. Way overboard. We all know our bodies need electrolytes to hydrate properly. But not all electrolytes are created equal. Local Weather is packed with electrolytes that really work, like potassium and magnesium from all-natural sources, with coconut water, and pink Himalayan salt. Plus we give you more of them. Keep playing. Simply put, “nootropics” can help us think clearly, boost energy and increase motivation. While many kinds exist, Local Weather uses L-theanine (an amino acid from green tea – without the caffeine) to improve mental performance and reduce stress. Plus L-tyrosine (from avocados and legumes) to help conserve energy and improve focus. Be sharp. KSM-66 Adaptogens are neat little plant-like beings that can help our bodies manage stress and maintain balance. We infuse Local Weather with an ancient root from India called Ashwagandha. As it’s known to help calm and soothe, it can help keep us in focus during that high-stakes game of hopscotch, or when simply living life. Return to base. ##### Premium Sports Drink ### FRUIT PUNCH A deliciously quenching combination of berries with an uplifting vibe and lip-smacking finish that’s pretty much impossible to drink slowly. ##### Premium Sports Drink ### ORANGE CLEMENTINE An orange hydration miracle that’s refreshingly crisp, clean and vibrant. If it were possible to bottle how sunshine tastes, this would be it. ##### Premium Sports Drink ### MANGO PASSIONFRUIT What did the passionfruit say to the mango? Let’s tango (obviously)! It’s a replenishing dance of flavor that your tastebuds won’t believe. ##### Premium Sports Drink ### WILDBERRY WILD is just the beginning! This berry packed sports drink is the mixed berry drink of your dreams. You're going to become obsessed, just don't forget about our other flavors! ## Change the game. Non-GMO We’re all about inclusion, but genetically modified organisms are not welcome here. No Caffeine Nootropics give alertness and focus with no janky caffeine downsides. No Gluten Local Weather is certified 100%, absolutely, positively gluten free (to the Nth degree). Recyclable The ONLY sports drink in an aluminum bottle. Beautifully resealable, reusable and infinitely recyclable. --- # Our Planet URL: https://drinklocalweather.com/our-planet/ ## Changing the game starts with sustainability. Only 8% of all plastic in the world is recycled, it takes more than 450 years to decompose, and much of it winds up in our oceans. But aluminum is infinitely recyclable, takes very little energy to do so, and can be back on shelves in just 60 days. It seems like a no brainer. **We don’t know why we’re the first to use aluminum,** **but we hope the industry follows.** ### Solving the plastic problem. Together. The world’s biggest artists, musicians and sporting leagues are taking a stand against plastic. Some performers are going so far as to ban single-use plastics entirely from their performance venues, and more celebs, influencers and athletes are coming onboard every day. We are proud to be a natural part of the solution. ## The awesomeness of aluminum. ## The awesomeness of aluminum. Can to can in 60 days The average time for a can of aluminum in the recycling stream to be reincarnated and back on shelves is just 60 days. It’s amazing. Plus, aluminum is literally infinitely recyclable. Plastic, however, is on the entire other end of the spectrum. It can only be recycled two to three times. And rarely is at all. 60 cheers for 60 days. The undisputed champion Aluminum is the most recycled material on earth. It even beats out glass, cardboard and paper. Plastic, on the other hand, is literally the world’s least recycled material. One of the main reasons is because plastic’s molecular composition can’t hold up to recycling. But aluminum? It’s the undisputed reigning champ. Nothing saves more energy It takes less energy to recycle aluminum than it does to make new aluminum. Or to make a new bottle out of any other material, for that matter. Glass included. It just makes sense all around. And when you reuse a resealable aluminum bottle of Local Weather before you recycle it? Even better. Leading the industry In an industry built on plastic, we’re proud to be the one and only sports drink bottled with this incredibly resilient material. But we hope we’re not alone for long. In fact, consider this the official invitation to all other brands out there: If you want aluminum advice, give us a call! ## Aluminum has been called the sustainability nutrient of the world, and for good reason. Consider that 75% of all the aluminum made since 1886 is still in use. So from a sustainability standpoint alone, yes, \[Charles\] Hall really did become that benefactor to humanity—big time. – William J. O’Rourke --- # FAQs URL: https://drinklocalweather.com/faqs/ ## You have questions. We have answers. ## FAQs What is Local Weather? Local Weather is a mind and body hydration beverage. It is a ‘sports’ drink created for today’s version of performance. Everything in the traditional “sports drink” category felt outdated to us. We consistently see a focus on traditional and typical sports, elite professional athletes, body-only hydration, high levels of sugar…and the list goes on. We started Local Weather because we wanted healthier drinks that could benefit our kind of movement and performance, like…all the kinds - including our minds. We found that there are a lot of great ingredients out there that can help with both our physical and mental performance, and there are ways to make this category more sustainable (aluminum!) and more accessible. So, here we are. Actual humans using their bodies and minds in actual ways, evolving the performance drinks category into the 21st century. Why Local Weather? Well, when we dove into making this drink a reality, we couldn’t help but notice we utilized weather to talk about our problems that we were trying to solve: our brains feeling cloudy, or wanting to be lightning fast on our skates. And it occurred to us that we all have our own personal weather - but we can change it. We loved the idea of being able to fix our local weather. That and…we love the notion that it’s a universal ice breaker. No matter who you are, or where you come from, you can make a new friend by starting a conversation with “how’s the weather where you are?.” Local Weather brings us together. What do you mean by all kinds of movement? When we looked at the sports drinks on the shelf, everything looked the same. They were all designed for the same type of consumer, a career athlete. Bold, aggressive, masculine. So many consumers are being left out of the conversation. We found that only 16% of people even identify as “athletes”. Most consumers are just active, move in different ways - everything from traditional sports, to “less traditional” things like roller skating, dancing, MMA. And for a growing percentage of us, performance isn’t necessarily physical i.e. eSports. But also…painting, performing on a stage, content creating…the list goes on. Who gets to say that we don’t need or deserve performance hydration drinks too? How does the product meet this? First, even slight dehydration has significant effects on mind function. So we’ve added more electrolytes than leading sports drinks. And from all natural sources such as coconut water and pink himalayan sea salt. Our other electrolytes are derived from potassium and magnesium, which help support muscle and nerve function. Secondly, we wanted to help mind performance as well. Because this applies to everyone - even those playing sports need to have their head in the game. We’ve included functional ingredients called nootropics that support mental stamina, function, and performance. This includes Ashwagandha, L-Theanine (an amino acid from green tea, minus the caffeine), and L-Tyrosine (an amino acid found in natural sources such as bananas, avocados, pumpkin seeds and others). Notably, these ingredients do not contain caffeine, so you won’t experience any jitters. We worked closely with sports nutrition expert Angie Asche, MS, RD, CSSD to ensure proper mind + body hydration. The product is all-natural and non-GMO. And last but not least, we’re sustainable. Even with supply chain shortages, we are determined to use an aluminum bottle unlike the rest of the sports drink category. Aluminum is infinitely recyclable whereas plastic can really only be reused once before it breaks down too much to be safe. And, we chose a bottle that closes for easier use in more active scenarios.help support muscle and nerve function. Why Aluminum? Sustainability matters to us. We hate that the sports drink category uses plastic. Only 8% of plastic is recycled. The rest exists for more than 450 years. And the plastic that is recycled can only be used one more time before it breaks down too much to be safe. Aluminum on the other hand is infinitely recyclable. Our goal Our overall goal is to create something better - move an antiquated category forward (both for our health, and for the planet). Something that first and foremost tastes absolutely delicious, but secondly is healthier and better designed for what we actually need. --- # Shop (Products) URL: https://drinklocalweather.com/products/ Unauthorized --- # Wildberry 12-pack URL: https://drinklocalweather.com/products/wildberry-12-pack/ Unauthorized --- # Orange Clementine 12-pack URL: https://drinklocalweather.com/products/orange-clementine-12-pack/ Unauthorized --- # Mango Passionfruit 12-pack URL: https://drinklocalweather.com/products/mango-passionfruit-12-pack/ Unauthorized --- # Fruit Punch 12-pack URL: https://drinklocalweather.com/products/fruit-punch-12-pack/ Unauthorized --- # Variety Pack URL: https://drinklocalweather.com/products/variety-pack-4-flavors/ Unauthorized --- # Bottles Collection URL: https://drinklocalweather.com/collections/local-weather-bottles/ Unauthorized --- # Collections URL: https://drinklocalweather.com/collections/ # Collections Unauthorized --- # Store Locator URL: https://drinklocalweather.com/store-locator/ # Store Locator Search Location Category Amusement ParkArts & EntertainmentAutoBeauty and SpasElectronicsFitnessFor The HomeJewelryLocal ServicesMedical / Dental / Vision CareNightlifePetsRestaurantsTravel All Categories - Amusement Park - Arts & Entertainment - Auto - Beauty and Spas - Electronics - Fitness - For The Home - Jewelry - Local Services - Medical / Dental / Vision Care - Nightlife - Pets - Restaurants - Travel Distance RangeRadius: Miles Status Loading... Number Of Shops: 1143PRINT - 2 J?s Fresh Market - 105 Smelter Ave NE, Great Falls, MT 59404 Directions - A Matter of Health [... store-locator list truncated for length; full retail locations at https://drinklocalweather.com/store-locator/ ...] --- # General Inquiries URL: https://drinklocalweather.com/general-inquires/ # We bet you know something we should know. ## Let us know :) We would love to hear from you. You can drop us a line conveniently below. Name Email(Required) Phone Comment --- # Newsletter Signup URL: https://drinklocalweather.com/newsletter-signup/ # We love to share. ## Stay in the know. Our newsletter, just like our drinks, is packed with good things to keep you moving and your weather perfect. First name Email(Required) --- # Privacy Policy URL: https://drinklocalweather.com/privacy-policy/ # Privacy ### Overview Updated: 3.6.2023 The Policy covers our treatment and use of personally identifiable information and/or personal data that is collected via the Website (the “Personal Information”) from users of the Site (“Users”) when such Users electronically communicate with or otherwise access the Website. This Privacy Policy covers only Personal Information that is collected through the Website and does not govern Personal Information collected from any other source or in any other manner. You are responsible for making sure that you are aware of LW’s most current Privacy Policy. You can tell when we make changes to this Policy by visiting the page you’re reading now and referring to the “Last Updated” date at the top of this page to learn when this Policy was last revised. The Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions of Use of the Website, and explains how Users’ information and data is used: California Privacy Rights Collection and Use of Information Collection of Information – Collection and Use of Personal Information – Financial Information – IP Address – Other Information Use of Cookies, Plug-ins and Web Beacons; Use of Google Analytics Do Not Track Signals Your Consent – In General – Reviews Use of Information – Opting In and Opting Out of Electronic Communications – Lawful Access, Legal Action and Investigations – Disclosure of Personal Information to Non-Affiliated Third Parties – Acquisition of Business – Retention of Personal Information Links to Other Sites Information Storage and Protection Options to Review and Opt-Out Choices Changes in Policy Governing Law Contact Us ### California Privacy Rights Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. This Privacy Policy, as disclosed on this Website, does not currently permit LW to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes without your prior consent. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com) ### Collection and Use of Information The Personal Information We Collect. This Policy applies to all information collected by or submitted to drinklocalweather.com. We consider “personal information” to mean information about an identifiable individual. If you make purchases from or through the Website or open an account, or engage in other activities on the Site, you will be asked to provide a variety of information including, but not limited to, your name, mailing address, email address, phone number, and information about you. Financial Information. LW may require billing and payment information such as credit and debit card information when you purchase items from the Website and/or create an account. However, all payment transactions entered into on the Website are processed by Shopify, a third-party payment processor. You will provide your payment information to Shopify, and Shopify’s Privacy Policy and Terms of Service will govern use and disclosure of that information. We encourage you to read carefully [Shopify’s Privacy Policy](https://www.shopify.com/legal/privacy) and [Terms of Service](https://www.shopify.com/legal/terms) (collectively, “Shopify’s Policies”). IP Address. An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but LW does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or visitors. IP addresses may also be used to help diagnose problems with the Website and to gather broad demographic information. Other Information. When you access the Website, LW will automatically receive some information about your use of the service. The type of information that is automatically collected by LW includes such things as the date and time of access of the Site, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the kinds of business activities you are engaged in while using the Site. This information is used to help us improve and enhance the website to better meet the needs of its users. LW will also aggregate Personal Information and may use, share and disclose such aggregated Personal Information as permitted by law. For example, we may use such aggregated Personal Information for research and product development purposes, and may also share such aggregated Personal Information with LW’s business partners. Regardless of whether a User has chosen to limit LW’s sharing of Personal Information as collected on the Website, LW may, without restriction, use, share and disclose aggregated statistics about Users, along with specific information concerning individual Users that is not Personal Information in any way permitted by applicable law. Additionally, Shopify will be the e-commerce platform on which the LW Website operates. Shopify collects certain aggregate data, as well as certain personal information, as identified in this Privacy Policy and in Shopify’s Policies. We encourage you to read carefully [Shopify’s Privacy Policy](https://www.shopify.com/legal/privacy) and [Terms of Service](https://www.shopify.com/legal/terms) for detailed information about the data collected by Shopify. ### Use of Cookies, Web Beacons and Pixel Tags; Use of Google The Website may make use of: (i) “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit; (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity; and (iii) pixels tags. They contain information allowing us to recognize when you are visiting the Site and to keep track of your preferences. Through the use of cookies, pixel tags and web beacons, we also may automatically collect information about your online activity on our Site, such as the links you click and the searches you conduct on our Site. Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Site. Two kinds of cookies may be used: so-called “session” cookies, which are deleted from your computer when you leave the Site and are used purely to help you to navigate around the Site; and “persistent” cookies, which remain on your computer so that the Site can recognize you when you return. If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site’s interactive functionality. LW uses a web analytics tool called Google Analytics that helps website and mobile application owners understand how visitors engage with their websites. We can view a variety of reports about how visitors interact with our Site so we can improve it. Google Analytics collects information anonymously. Google Analytics uses cookies, and IP addresses, and reports website trends without identifying individual visitors. In the event a visitor to the Site voluntarily submits contact information to Google Analytics, that company may then associate such information with the applicable IP address to enable us to see that visitor’s specific interactions with our Site. For more information related to Google Analytics, [click here](http://www.google.com/analytics/learn/privacy.html). You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, [click here](https://tools.google.com/dlpage/gaoptout?hl=en). ### Do Not Track Signals Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals. ### Your Consent In General We only collect, use and/or disclose your Personal Information with your consent, which may be express or implied. When you interact with the Website, you are giving your consent to collect and maintain your personal information; to use your Personal Information to communicate with you electronically and otherwise; and to track your activities on the Site using cookies and other tracking devices. We do not and will not share your Personal information with third parties for marketing and/or other purposes unless we first obtain your express consent. You must be 16 years of age to use the Site. LW does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this Site is designed with the purpose of attracting such children. This Website is intended for Users who reside in the United States. If you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Site, you consent to these transfers. ### Use of Information In General. We use the Personal Information you provide to us for the purpose of communicating with you and to process and fulfill your orders. We do not and will not share your Personal information with non-affiliated third parties for marketing and/or other purposes unless we first obtain your consent. Your Personal Information may also be used in the following ways: to deliver materials, information and services to you, to process your orders to give you notice of and/or resolve any problems that may arise in connection with our services, to assist Shopify in processing payments to better understand the needs and interests of our customers, to analyze the success of our services and Site and for research and development purposes, to manage the Site’s interactive functionality, to help us improve and enhance the Site experience for all of its visitors, and customize the content on our Site, for compliance with our legal and regulatory obligations, as otherwise reasonably required to provide customer services and maintain the Site, to investigate potential breaches of the Terms and Conditions of Use of the Site, to investigate potentially unlawful activity, for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and as otherwise permitted by law. We may also use your Personal Information to contact you via direct postal mail and/or electronically. This information may also be used to help LW and its commercial partners, and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting In and **Opting Out of Electronic Communications** section in this Policy. Opting In and Opting Out of Electronic Communications. At certain points where Personal Information is collected on our Site, there may be a box to indicate that you wish to receive certain information or communications from us. You may opt out of receiving electronic communications, such as emails from us at any time. In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. Lawful Access, Legal Action and Investigations. Your Personal Information may otherwise be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. Your Personal Information may be transmitted through and stored on servers outside your home country, and may be accessed by authorities in those jurisdictions. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions of Use, or otherwise in accordance with applicable law. Disclosure of Personal Information to Non-Affiliated Third Parties. In addition to the above disclosures, LW may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us. In such situations, LW requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information, and (b) limit the use of such Personal Information to the purposes for which it was provided. We will not sell, rent or market Personal Information collected on this LW to non-affiliated third parties for their marketing purposes, unless we have your consent. However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site. We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services. Acquisition of Business. In the event that LW, or an affiliate of LW is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that LW goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Site, all data collected on the Site (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of LW may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. Retention of Personal Information. Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping. At some point LW may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information. ### Links to Other Site and Services The Site may contain links to various other sites which may ask to collect user information voluntarily or otherwise collect certain information (for example, your IP address). Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used. Our website also includes social media features, such as the Facebook “like” button and widgets, the “Share this” button or other interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review. ### Information Storage and Protection LW will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with applicable law. There are industry standard safeguards in place to protect Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel. Personal Information will be stored in databases and servers located in the United States. However, no transmission made through the internet can be made completely secure, and accordingly, we will not be liable for the disclosure of any Users’ Personal Information that occurs as a result of transmission errors or the actions of any third party to the fullest extent permitted by law. In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, LW will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation. ### Options to Review and Opt-Out Choices In addition to having the ability to opt-out of receiving electronic communications, such as emails from LW by following the unsubscribe link in the footer of each email, users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by sending an email to our LW at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com), providing the contact information we are using to communicate with you, such as your email address. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in LW’s records after any such revision or deletion. If for any reason you wish to discontinue the use of the Website and have your Personal Information removed from our database, please email [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com). ### Changes in Policy From time to time, LW’s Privacy Policy may change. LW will post changes to the Privacy Policy on the Website. Please review this Privacy Policy often so that you will remain abreast of our current policies. Users of the Site are responsible for making sure they are aware of the provisions of LW’s most current (see the date at the top of this Privacy Policy) Privacy Policy. ### Governing Law This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Please [click here](http://drinklocalweather.com/terms-conditions/) to review the terms relating to Disputes and Governing Law for this Site. ### Contact Us If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information you may contact us at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com) or 915 Broadway, Suite 1206, NY NY 10010 --- # Terms & Conditions URL: https://drinklocalweather.com/terms-conditions/ # Terms & Conditions ### Overview Updated: 3.6.2023 We are pleased to welcome you to LW Beverage Co. (“LW”) and the \*drinklocalweather.com\* website (the Website” or the “Site”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website. LW operates a website and will be operating an online retail store from which website users can view and purchase its Local Weather nootropic + adaptogenic sports drink which we will ship to our customers (the “Services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, Site guest or visitor and “we”, “us” and “our” refer to LW, its subsidiaries, successors in interest and assigns, and drinklocalweather.com. Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between LW and you regarding your use of this Website and supersede any prior statements or representations. This [Website’s Privacy Policy](https://drinklocalweather.com/privacy-policy/) is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions. ### Consent to Terms and Conditions By using the Website and/or registering for an account, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and represent your acknowledgement that you are legally bound by them. ### Use of the Site Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website. By having accepted these Terms of Use, and/or placing orders through the Site or otherwise participating in any activities offered on the Site, you affirm, represent and warrant that: (a) you are 16 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation. ### Changes to the Terms of Use From time to time, these Terms of Use may change. LW reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Site and changes will become effective once posted. Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies. You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top. ### Ownership of the Website LW owns, licenses and/or has the right to use this Website and all intellectual property rights to the same (collectively, “Materials”). LW hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of LW’S intellectual property rights in the Materials. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of LW in any form or manner. Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of LW, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action. ### Provision of the Services by LW LW seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which LW provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that LW may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at LW’s sole discretion. If you have opened an account, LW, may disable your account, with no notice to you if, in LW’s sole and subjective discretion, you are in violation of any of the Terms of Use. ### Setting Up Your Account For ease of making online purchases, you may decide to register with us and set up an account with a username and a password (your “Account”). All information you provide must be truthful. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords. When you register, you will be asked to provide your name, a username and an email address. The information you provide to LW is subject to our Privacy Policy. Please see our [Privacy Policy here](https://drinklocalweather.com/privacy-policy/) for information concerning the collection and use of Personal Information from this Website. ### Purchasing From the Site All payment transactions will be processed through and governed by the Terms and Conditions of Use and other policies of [Shopify](https://www.shopify.com/). Please review carefully the terms and conditions of use on the Shopify website. LW is not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Shopify terms. ### Cancellation (A) Order acceptance and cancellation. You agree that your order is an offer to buy, under these terms of sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. (B) Cancellations are not allowed after the order is processed and shipping label created ### Return/Refund Policy We are not able to offer refunds or returns currently. Your right to cancel does not affect your rights as a consumer in relation to any defective or incorrect Products you may receive. If you receive a defective Product or incorrect Product, please contact us immediately at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com) with your order number and a description of the problem. ### Shipping (A) we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. (B) title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. ### Resolving Disputes If you have a dispute with LW relating to the Website or the Services, including any products you have purchased, please contact us at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com) and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services. ### Use in the United States This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. ### Links The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by LW including but not limited to Instagram and Facebook. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, LW shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. LW is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them. ### Your Responsibilities You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website. You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. ### User Conduct In connection with your use of the Website, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained on the Site; use the Site, Material and content on the Site for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies LW endorsement, partnership or otherwise misleads others as to your affiliation with LW; dilute, tarnish or otherwise harm the Local Weather brand in any way, including through unauthorized use of the Material, registering and/or using LW or Local Weather or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LW domains, trademarks, taglines, promotional campaigns or Website content; copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use; interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; register for more than one LW account or register for a LW account on behalf of an individual other than yourself; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; ### Limitation of Liability and Warranty and Use Disclaimer LW endeavors to make sure that all information and data it originates on the Website is accurate. However, LW is not responsible for any damages or loss related to the use of this Website. THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. LW RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, NEITHER LW (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES LW MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF LW’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE. LW is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy. ### Indemnity Unless prohibited by law, you agree to indemnify LW, and each of its parent, subsidiary and affiliated entities (collectively, “LW Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify LW, shall survive beyond any term for which these Terms of Use are in effect. ### Electronic Communications When you communicate with LW electronically, via email or otherwise, you consent to receive electronic communications from LW. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by LW satisfy any legal requirement that such communication be in writing. LW encourages you to retain your own copies of relevant information; however, upon your written request, LW will provide you with a copy of the information you provided to LW when creating your Account. Please see our Privacy Policy concerning providing information to LW, your consent to receiving information from LW, your ability to withdraw such consent, and LW’s obligations with respect to maintaining and/or returning any information you have provided to LW. To request a copy of information you provided to LW, please contact us at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com). With respect to all communications you make to LW directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and LW shall have no obligation to protect your communications from disclosure; (ii) LW shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) LW shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you. ### Acquisition of Business In the event that LW, or an affiliate of LW is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that LW goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of LW may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. ### Contact Us If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com). ### Copyright Infringement - Notice and Take-Down Policy LW values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify LW in writing as follows: Address: 915 Broadway, Suite 1206 New York, NY 10010 Electronic Mail Address: [hello@drinklocalweather.com](mailto:hello@drinklocalweather.com) In your notice, you must include the following: i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; ii. identification of the copyrighted work(s) that is (are) allegedly being infringed; iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow LW to locate such materials; iv. contact information (i.e., name, address, email address) sufficient to enable LW to contact you; v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed. ### U.S. Export Controls Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the Software is at your sole risk. ### Disputes and Governing Law Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by LW of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and LW’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision. Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration. The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury. Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content and/or the Materials. By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Notwithstanding anything to the contrary set forth in these Terms of Use, LW may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by LW, in the event that LW believes that there is a violation, or a threatened violation, that has jurisdiction of any of LW’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court. ---