Terms of Use
Terms and Conditions - Effective as of November 5, 2025
Agreement
This Agreement governs your (“you”, “your” or “Customer”) purchases and leases (as applicable) of bottled water, other beverages and related products ("Products"), Bottles (as defined below) Equipment (as defined below) and services from Primo Brands Corporation and its affiliates including, without limitation, BlueTriton Brands, Inc. and DS Services of America, Inc. (collectively, "Company") and Costco Wholesale Corporation and its affiliates (collectively, “Costco”).
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.
You acknowledge and agree that Equipment, Bottles, services and other Products may be provided by Company to you and invoiced and billed to you by Company on behalf of Costco. Payment for said Equipment, Bottles, services and other Products may be made directly to Costco. You are not permitted to purchase or lease Equipment, Bottles, services or any other Products from Company for the purpose of resale or rental to other customers, persons or entities.
In the event you are no longer a Costco member, this Agreement will not terminate, but continue to remain in full force and effect with respect to any and all purchases or rentals, as applicable, of Equipment, Bottles, services and Products by you. However, Company may subsequently condition any sales or rentals, as applicable, of Equipment, Bottles, services and Products on your acceptance of Company’s standard terms and pricing (not the Costco price).
The information you provide will be treated in accordance with Company’s Privacy Policy, available here. If you do not provide all of the requested information, Company may not be able to provide you with Equipment, Bottles, services and Products.
Delivery
Customer will purchase Equipment, Bottles, services and other Products from Company as ordered by Customer from time to time. Customer must provide Company with accurate shipping and delivery information, so that Company can timely deliver Equipment, Bottles, services and other Products.
Equipment
If Customer requests, Company will lease to Customer, and Customer will pay lease payments for, the coolers and/or equipment as agreed between Company and Customer ("Equipment"). Customer acknowledges that this is a true lease.
Use of Equipment and Bottles
Company will install or provide the Equipment, at Customer's address provided by Customer. If Customer's negligence, abuse or misuse causes damage requiring repair or replacement to any Equipment or Bottles, Customer will pay all such repair or replacement costs on demand. The Equipment and multi-gallon bottles ("Bottles") are, and will at all times be, Company's sole and exclusive property, and Customer will have no right, title or interest in such Equipment or Bottles except as provided in this Agreement. Customer can purchase the Equipment and Bottles only if Customer and Company agree. Customer will use the Equipment and all Bottles only with Company's Products and will not reuse or refill Bottles for any purpose whatsoever. Customer will at all times operate and maintain the Equipment and Bottles in a safe, sanitary and proper manner in accordance with Company's instructions and clean and maintain the Equipment periodically and at least once every three months. Customer (i) will not remove the Equipment from Customer's location without Company's prior written consent, (ii) will not alter the Equipment in any manner, (iii) will permit only Company or its authorized representatives to repair the Equipment, (iv) will notify Company immediately if the Equipment or any Bottles are stolen, lost, damaged or destroyed, and (v) will keep the Equipment and Bottles free and clear of, and promptly notify the Company of, any levies, liens and encumbrances.
Term
The term of this Agreement will start on the date the Customer creates an account with Company. Customer acknowledges and agrees that Company may terminate this Agreement and Customer’s account at any time, for any reason, and without liability to Customer. The term of this Agreement will continue in effect until terminated by either Company or Customer. To cancel or skip a delivery, Customer may, where available, use the online cancellation option in Customer’s account at https://www.readyrefresh.com/en/settings or contact Customer Service at 1-800-274-5282 or CustomerService@PrimoBrands.com. Company will promptly process cancellation requests and Customer will receive an email confirmation of cancellation. Upon termination of this Agreement, Customer will permit Company to retrieve the Equipment and/or Bottles, which will be in the same condition as received by Customer, reasonable wear and tear excepted. If Customer fails to return any Equipment or Bottles, Customer will pay the full replacement value. Company may, in its sole discretion, apply any and all applicable account deposits towards the replacement cost of any such Equipment or Bottles.
Prices
Prices for Products, Equipment, Bottles and services are subject to change, on notice to Customer.
Charges
CUSTOMER WILL PAY ALL CHARGES FOR PRODUCTS, BOTTLES, EQUIPMENT, SERVICES, AND ALL APPLICABLE SURCHARGES, TAXES AND FEES, INCLUDING, WITHOUT LIMITATION, (A) ALL ACCOUNT DEPOSITS; (B) ANY APPLICABLE DELIVERY FEES; (C) TO THE EXTENT PERMITTED BY APPLICABLE LAW, A SURCHARGE ON CREDIT CARD PAYMENTS, BASED THE AMOUNT OF THE TRANSACTION; AND (D) ALL APPLICABLE STATE BOTTLE DEPOSITS AND REDEMPTION VALUE.
Customer acknowledges and agrees that, promptly after the delivery of any Products, Bottles, services, and Equipment, Company and/or Costco may invoice and bill Customer for all delivered Products, Bottles, services and Equipment as well as for any applicable surcharges, taxes and fees. Customer will make all payments when due without set-off, counterclaim or defense. Payment of invoice by Customer is an acknowledgment of acceptance and delivery. Any approved refunds shall be credited back to the credit card used for payment. Company and Costco may seek pre-authorization of your credit card or other charge account prior to any purchase hereunder to verify the credit card or charge account is valid and/or has the necessary funds or credit to cover your purchase. By providing your credit card or charge account information, you authorize Company and Costco, as the case may be, to automatically charge such card or account (and authorize the card issuer or account holder to pay) for fees owed hereunder, including any fees you may be charged from time to time during the service term.
For recurring Deliveries with automatic payment, Customer must provide Company and Costco with an authorized payment method. Unless Customer notifies Costco before a recurring charge that Customer wants to cancel service, Costco will charge Customer’s authorized payment method per the billing period or billing cycle described when Customer authorized automatic payment (or as otherwise may be notified to Customer, from time to time). Customer can update the payment method by visiting ReadyRefresh.com. If Customer's payment method expires or Costco is unable to charge Customer's payment method, and Customer does not update or change the payment method, then, in addition to all other rights of Company and Costco as set forth in these Terms, Company may cease all deliveries until such time as Customer updates the payment method. Customer shall remain responsible for any uncollected amounts.
Risk of Loss
Customer assumes risk of loss or damage to the Equipment and Bottles in Customer's possession and is responsible for all liability resulting from their use and operation. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless Costco and Company and their respective parents, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys' fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.
Default by Customer
Customer will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition of this Agreement; or (c) abandons or abuses the Equipment or any Bottles. Upon default, Company and Costco will have the right to exercise any or all of the following cumulative remedies and any other rights or remedies it may have at law or in equity: (i) terminate this Agreement without relieving Customer of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges; (iii) refer due and payable outstanding charges to a collection agent who may contact you about the amounts owed; and/or (iv) repossess the Equipment and Bottles, and Customer will pay the replacement value for such Equipment and Bottles. Customer waives any requirement that Company or Costco post a bond or other undertaking in a repossession proceeding. Customer will pay or reimburse all of Costco’s and Company's costs, including reasonable collection and/or attorneys' fees, as a result of Customer's default or the exercise of Company's or Costco’s remedies.
Contacting You
You agree and consent that Company, its affiliates, vendors and service providers may contact you by telephone or text message – at any phone number that you provide or that Company may obtain for you – for any non-marketing or informational purpose. You also agree and consent that these calls and texts may include (but are not limited to) calls about your account, delivery, and payment, and that Company may use an autodialer or prerecorded or artificial voice for such calls and texts. You agree to notify Company promptly if your phone number or numbers change in the future.
Mobile Phone Service
Company provides a mobile messaging service ("Mobile Messaging Service") to its Customers. The Mobile Messaging Service is utilized to provide information to Customers via their mobile phones about upcoming delivery of their purchases. Text messages or phone calls may be made using an auto dialer or prerecorded voice. If Customer wishes to receive the Mobile Messaging Service, Customer agrees to provide Company with a valid mobile number and to notify Company immediately of any changes to Customer's mobile number. Customer agrees that Company may make phone calls or send text messages through Customer's wireless provider to the number Customer provides. Company does not charge recipients to receive text messages, however, messaging and data rates may apply. CUSTOMER IS RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY THEIR WIRELESS SERVICE PROVIDER. Frequency of messages received by customer can vary. Customer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs of any kind (including reasonable attorneys. fees), resulting from any activity related to Customer's use of the Mobile Messaging Service, or from Customer providing Company with a mobile number that is not Customer's own mobile number. Customer agrees that Company will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Messaging Service; any errors in such information; any action Customer may or may not take in reliance on the information or Mobile Messaging Service; or any disclosure of information to third parties resulting from Customer's use of the Mobile Messaging Service.
Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
To discontinue receiving text messages from Company, text STOP .
Message & Data Rates May Apply.
Electronic billing and notifications
Customer agrees that Company may provide Customer with information regarding this Agreement by posting the information on costcowater.com and that doing so satisfies any obligation Company may have to provide the information in writing. Customer confirms that Customer is able to receive, access, and retain information on the website.
No Transfer
Customer may not directly or indirectly transfer any of its rights under this Agreement and will not allow any third party to take possession of the Equipment or Bottles without Company’s prior written consent.
Changes to Terms
Company reserves the right to change, modify, amend and adjust any of the terms of this Agreement at any time for any reason. Company or Costco, as the case may be, will notify Customer of such changes by posting an updated Agreement online or by asking Customer to read and accept a new version. Customer’s continued purchase or receipt of Products, Bottles, services or Equipment after the Agreement has been changed, modified, amended or adjusted constitutes acceptance of said Agreement.
Miscellaneous
This Agreement, together with any additional terms, rules, the Company’s Privacy Policy, and any other regulations, procedures and policies which Company or Costco refers to and which are hereby incorporated by reference, contain the entire understanding and agreement among Costco, Customer and Company concerning the transactions involving Products, Bottles, services and Equipment and supersedes any and all prior understandings. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and the Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement. Any failure or delay by Company in exercising any right under this Agreement will not constitute a waiver by Company.
Disclaimer of Warranty
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. CUSTOMER ACCEPTS THE EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER'S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to Customer.
Dispute Resolution
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND COMPANY AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO PRODUCTS, EQUIPMENT, BOTTLES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A "DISPUTE") FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CUSTOMER’S CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN CONNECTICUT. IF CUSTOMER INFORMS COMPANY THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, COMPANY WILL WORK WITH CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN CONNECTICUT. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY JAMS. CUSTOMER MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH PARTY SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.
IF CUSTOMER INITIATES ARBITRATION, CUSTOMER'S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, COMPANY WILL PAY CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST COMPANY, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, COMPANY WILL REIMBURSE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN COMPANY’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Some jurisdictions, such as New Jersey, do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.