YOU MUST BRING ANY CLAIM AGAINST AMERICAN BEVERAGE CORPORATION IN ACCORDANCE WITH THE ARBITRATION PROVISIONS HEREIN AND, IN ANY EVENT, WITHIN 60 DAYS OF THE EVENTS GIVING RISE TO SUCH CLAIM.
As used in this Agreement, “you” or “your” means the individual, corporation or other entity that uses the Green Beginnings Website or any portion thereof in any manner. Nothing herein permits you to use the Green Beginnings Website or any services offered or information contained therein without first obtaining any rights or consents necessary, as described herein, as set forth in another contract or as proffered by any applicable law.
Modifications of This Agreement
We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any Green Beginnings Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Green Beginnings Website.
American Beverage Corporation is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from any Green Beginnings Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. We do not make any representations or warranties as to the security of any information you might give on any third-party site.
Unless otherwise explicitly specified on a Green Beginnings website, the information on all Green Beginnings websites is intended solely for use and access by persons residing in the United States, its territories and possessions. Green Beginnings controls and operates its Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on any of the Green Beginnings Websites is appropriate for use or access in other locations. Anyone using or accessing any of the Green Beginnings Websites from other locations assumes all responsibility for compliance with local United States laws, if and to the extent applicable, in connection with the Website.
Your Limited License to Use the Green Beginnings Websites
Unless otherwise explicitly specified herein, all materials that are included in or are otherwise a part of any Green Beginnings Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by American Beverage Corporation or by third parties who have licensed their materials to American Beverage Corporation and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any Green Beginnings Website is the exclusive property of American Beverage Corporation and is protected by U.S. and international copyright laws. Except as solely provided in the next paragraph, no material from any Green Beginnings Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
At times, you may be invited or independently submit Content to the Website. As used in this Agreement, “Content” means any and all information or materials, including text, personal information, images, logos, graphics, commentary, literary works and any intellectual property rights contained therein, that you upload, submit, or otherwise provide or view in connection with your use or your agents’ use of the Green Beginnings Website.
You hereby grant American Beverage Corporation a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to perform such acts with respect to the Content as may be necessary, in American Beverage Corporation’s sole discretion, in connection with the conduct of American Beverage Corporation’s business or its administration of the Website, including the right to: (i) deliver Content in accordance with the preferences you set using your account and any authorized subaccounts; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of the Content; (iii) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Green Beginnings Website and any administration thereof; and (iv) utilize Content to test American Beverage Corporation’s internal technologies and processes.
By submitting Content, you certify that you own the Content, or otherwise have the right to freely redistribute the Content without limitation, and the submission of any Content will not violate or infringe upon the rights of any third party, including without limitation, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. You further certify and agree that any submission by you will not be defamatory, obscene, in violation of law, or otherwise contain harmful or destructive content.
American Beverage Corporation assumes no liability regarding any dispute over submitted Content ownership or infringement. If notified about a dispute over ownership or other rights violation, American Beverage Corporation will remove the Content in question in a timely manner without notice.
If you believe that Content on the Website is your proprietary material and is being used without authorization, please notify us as set forth in the User Submissions, Postings and Email Communications section below.
Acceptable Use Guidelines
All Green Beginnings Websites and their contents are intended solely for, and may be used solely for, personal, non-commercial purposes.
In addition, you agree not to:
Registration, Authorization and Access
American Beverage Corporation will review the Application and determine, in Green Beginnings’ sole discretion, whether to accept the Application. American Beverage Corporation shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Green Beginnings Websites at any time for any reason. Upon acceptance of your Application by American Beverage Corporation, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Green Beginnings Website.
American Beverage Corporation reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Green Beginnings immediately about any unauthorized use of your Password or any breach of security. You further agree that American Beverage Corporation shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than American Beverage Corporation.
Information About Health and Fitness
Certain information presented on the Website may be intended to provide general health, nutrition and fitness information. This information is not intended to be a substitute for professional medical advice. You should consult your doctor or other health care professional for advice/services relating to health, nutrition and fitness, including before undertaking any new diet, nutritional or fitness program. Advance consultation with your physician is particularly important for minors, or if you are pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
ALL GREEN BEGINNINGS WEBSITES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMERICAN BEVERAGE CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY GREEN BEGINNINGS WEBSITE OR THE INFORMATION OR MATERIALS INCLUDED ON ANY SUCH WEBSITE. AMERICAN BEVERAGE CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, SYSTEM OPERATION AND FREEDOM FROM COMPUTER VIRUS. AMERICAN BEVERAGE CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY GREEN BEGINNINGS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GREEN BEGINNINGS WEBSITE OR THE SERVER THAT MAKES ANY GREEN BEGINNINGS WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY GREEN BEGINNINGS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY GREEN BEGINNINGS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK AND YOU BEAR RESPONSIBILITY FOR ANY DEFECTS IN THE GREEN BEGINNINGS WEBSITES.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW DISCLAIMER OR EXCLUSION OF WARRANTIES. SO THE ABOVE DISCLAIMER MAY NOT BE APPLICABLE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AMERICAN BEVERAGE CORPORATION OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SHARE HOLDERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS ANY GREEN BEGINNINGS WEBSITE, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMERICAN BEVERAGE CORPORATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT AMERICAN BEVERAGE CORPORATION, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL AMERICAN BEVERAGE CORPORATION BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).
User Submissions, Postings and Email Communications
Online Copyright Infringement Notification Policy
Please direct all notices or counter-notices to: VP of Marketing at Green Beginnings. firstname.lastname@example.org (“Designated Agent”).
If you believe that any Green Beginnings Website contains material that constitutes copyright infringement, please notify American Beverage Corporation immediately.
To be effective, the notification must be in writing and contain the following information: (i) identification of the material that is claimed to be infringing and that is to be removed or access disabled, including information sufficient for us to reasonably locate the identified material, including the URL in the body of your notice so that we may quickly locate the content; (ii) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (iii) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf (“Complainant”); (iv) Your physical address, telephone number, and email address; and (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. American Beverage Corporation will remove the disputed Content, subject to the procedures outlined in the Digital Millennium Copyright Act or other applicable law.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AMERICAN BEVERAGE CORPORATION AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, RELATED IN ANY WAY TO (I) YOUR USE OF ANY GREEN BEGINNINGS WEBSITE, (II) ANY OF YOUR CONTENT, AND/OR (III) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Term and Termination
American Beverage Corporation shall have the right to terminate your access to, and use of, any or all Green Beginnings Websites immediately in its sole discretion. American Beverage Corporation also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the any Green Beginnings Website.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of any applicable Green Beginnings Website; and (b) as applicable, pay any amounts owed to American Beverage Corporation in full within thirty (30) days from the date of such termination.
This Agreement shall be governed by and construed under the laws of the State of Connecticut, without regard to conflicts of laws principles. YOU AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY GREEN BEGINNINGS WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED WITHIN FAIRFIELD COUNTY, CONNECTICUT. YOU FURTHER AGREE TO SUBMIT TO THE PERSONAL JURISIDICTION AND VENUE OF THE COURTS LOCATED WITHIN FAIRFIELD COUNTY, CONNECTICUT EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION PROVISION PARAGRAPH BELOW.
Commencement of Actions; Arbitration
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS AGREEMENT, ANY GREEN BEGINNINGS WEBSITE OR USE THEREOF, MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. Within that year, you agree to notify American Beverage Corporation of your claim by sending a notice to the following agent explaining the basis for the claim: VP of Marketing at Green Beginnings. email@example.com. Please note this limitation may not apply to you depending upon your state of residence.
Any issues or challenges relating to the arbitrators’ jurisdiction and arbitrability to the arbitrator will be governed by Rule 11(C) of the JAMS Comprehensive Arbitration Rules and Procedures.
Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
The failure of American Beverage Corporation to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit American Beverage Corporation’s rights with respect to such breach or any subsequent breach. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. American Beverage Corporation may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without American Beverage Corporation’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.
All trademarks and other intellectual
property on this Website is owned by American Beverage Corporation.
© 2014 American Beverage Corporation – All rights reserved.