Terms OF Use
Welcome to our website, www.doublecolacompany.com. By using this website, you represent that you are an adult of 13 or more years of age and agree to comply with and be bound by the following terms and conditions of use (the "Agreement" or “Terms of Use”). Please review this Agreement carefully. If you do not agree to this Agreement, you are not authorized to use this website.
1. agreement
This Agreement governs your access to and use of the website. This Agreement may be modified at any time by the Double Cola Company (“Double Cola”) by posting the modified Agreement to the website. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Agreement at any time
at https://www.doublecolacompany.com/terms-of-use. Your use of this website shall constitute and be deemed your unconditional acceptance of this Agreement.
2. privacy
Your use of the website is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at www.doublecolacompany.com/privacy. Double Cola reserves the right, and by your use of this website you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.
3. site content
The website is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the website are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the website or its features will be accessible at all times or that it will function in an error-free manner. We reserve the right to cease operating the website or any of its features at any time.
4. content use
The website and all of its contents including, but not limited to, all text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos and other content (collectively the “Content") are owned by Double Cola with all rights reserved unless otherwise noted.
(a) Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, without the written permission of Double Cola. You are also advised that Double Cola will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You may download Content, but only for noncommercial, personal use and provided that you also retain and abide by all copyright and other proprietary notices contained on the Content. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce,
publish, license, create derivative works from, transfer, sell or otherwise use Content without Double Cola's written permission.
(b) You are prohibited from using the website for any purpose that is unlawful or prohibited by these Terms of Use, and warrant and represent that you shall not post, upload, input or submit to this website any submission that is prohibited by these Terms of Use, including, but not limited to, posting or transmitting any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Double Cola will fully cooperate with any law enforcement authorities or any court order requesting or directing Double Cola to disclose the identity of anyone posting or transmitting any such information or materials; and you are prohibited from using the website to advertise or perform any commercial solicitation.
(c) Double Cola reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.
(d) Double Cola does not claim ownership of any information or materials provided to website via posts, uploads or any other form to the website. Any such information will be treated as non-confidential and non-proprietary and may be disseminated or used by Double Cola. By posting, uploading or submitting information or materials to the website, you automatically grant Double Cola an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information or materials, alone or as part of other works, in any form, media, or technology, whether now known or hereafter developed. You acknowledge that any opinions, statements, or recommendations posted are those of their respective authors who are solely responsible and liable for their content. At its sole discretion, Double Cola reserves the right to remove any content posted.
5. website use
Double Cola grants you a limited, revocable, nonexclusive license to use this website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the website, reverse engineer or hack into the website, or use materials, products or services in violation of any law. Your use of this website is at the discretion of Double Cola who may terminate your access and use at any time.
6. links to other websites
The website may provide links to other websites. This Agreement or Double Cola’s Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.
7. compliance with laws
You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. indemnification
You agree to indemnify, defend and hold Double Cola and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the website.
9. disclaimer
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. DOUBLE COLA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
10. Limitation of liability
UNDER NO CIRCUMSTANCES WILL DOUBLE COLA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. applicable law
You agree that the laws of the state of Tennessee without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Double Cola or its affiliates. You agree that the venue for any lawsuit against or involving Double Cola or its affiliates shall be the state and federal courts located in Hamilton County, Tennessee.
12. severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
13. Relationship of the parties
Nothing contained in this Agreement shall be construed to make any consumer or viewer a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
14. promotions
From time to time, Double Cola with advertise a contest, sweepstakes, giveaway, or other promotion (collectively “promotions”). Any promotion advertised by Double Cola that is specific to the United States is only open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older. Void in Puerto Rico and wherever prohibited or restricted by law. Any promotion advertised by Double Cola that is specific to the United Kingdom is only open to legal residents of the United kingdom who are 18 years of age or older. Any promotions entered into are subject to the promotion’s official rules, this Agreement, and the Double Cola’s Privacy Policy and may be subject to rules and conditions unique to the state or jurisdiction by a participant. The official rules of a particular promotion governs over all agreements and in the event of any conflict between said official rules, said rules shall prevail. Double Cola reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any promotion should virus, bugs, non-authorized human intervention or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the promotion. By participating in a promotion, you agree Double Cola and its subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, assignees, advertising/promotion agencies, representatives, and agents (“Released Parties”) shall have no liability whatsoever for, and shall be released and held harmless by you from and against any claim, cause of action, liability, loss, injury or damage, including, without limitation, personal injury or death to participant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of participating products and/or any reward, including but not limited to any codes, coupons, rewards, and/or participation in any promotion. Further, the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, printing errors or by any of the equipment or programming associated with or utilized in any promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission or purchase process or a promotion; (4) technical or human error which may occur in the administration of a promotion or the processing of submissions; (5) or late, lost, undeliverable, damaged or stolen mail.
15. questions
If you have any questions or concerns please contact Double Cola at 877-DBL-COLA, info@double-cola.com or 537 Market Street, Suite 100, Chattanooga, TN 37402, USA.