TERMS OF USE

Use of this website, any related web pages, or any content (collectively, the “Website”) hosted by Talking Rain Beverage Company, Inc. (“Company”) is subject to all of the following terms and conditions. Your use of the Website is your acknowledgement and agreement that you have read, understood, and agreed to the following terms and conditions (the “Terms of Use”).

Company has the right to change the Terms of Use at any time without notice.  Your continued use of the Website after any change is your irrevocable acceptance of the revised Terms of Use.  At any time, Company may (i) terminate your use or right to use the Website for any reason; or (ii) modify or discontinue the Website (or any part of it), temporarily or permanently, with or without notice.

Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF the WEBSITE IS AT YOUR SOLE RISK.  COMPANY disclaims all warranties, either express or implied, with respect to the accuracy, currency, completeness, reliability or suitability for any purpose, of the information or materials contained in or referenced to the website.  Any person accessing or using the website accepts and assumes all risks relating to the accuracy or reliability of, or arising out of the use of, any information or materials available on or through the website.

Company will not have any liability to you for any special, incidental, consequential, direct or indirect losses or damages, or any other damage or loss claimed either in contract, negligence or tort including, without limitation, punitive damages arising out of the use of, or related to, the website and the information contained therein, or arising out of the inability to use the website and the information contained therein. ANY legal ACTION BY YOU MUST BE BROUGHT WITHIN 12 monhts of THE CAUSE OF ACTION first arising.  IF, for any reason, COMPANY IS FOUND LIABLE, you agree that the maximum amount that you may recover, in aggregate for any and all claims against Company, is $10.00.  YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.

Use of the Website

The information on the Website is not binding and is provided exclusively for information purposes only.  It is only of an informative nature and does not represent an offer under any laws or legal system.  Detailed information and contract terms may be obtained by contacting Company.

The information on the Website and the products and services described in it may be modified or updated by Company at any time without prior notice.

Prohibited Activities

With regards to the Website, you may not:

  • copy, distribute or otherwise remove or make available material from the Website without the express written permission of Company;
  • use the Website in a way that could damage it or the material displayed on it;
  • interfere with security of the Website or the security of the linked websites;
  • disrupt or interfere with another person’s use of the Website;
  • use contact information on the Website to send e-mails of illegal, sexual, racist, or otherwise inappropriate nature, as Company determines in its sole discretion;
  • attempt to gain unauthorized access to the restricted areas of the Website, if any;
  • manipulate identifiers in order to disguise the origin of any content transmitted on or through the Website or the source of any content;
  • upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of our networks connected to the Website; or
  • violate or infringe any right of any third party.

 

Company may terminate or suspend your access to the Website for any reason, including, any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity, at Company’s sole discretion.

Proprietary Rights

The Website and the content of the Website are exclusively owned by the Company and protected by copyright, trademark and other intellectual property laws, and international treaties.  You may not use, copy or reproduce material from the Website without written permission from Company.  “Sparkling ICE” and the ice cube images displayed on the website are trademarks of Company, and rights in them are reserved to Company.

Privacy

All personal information that Company collects from you will be processed in accordance with the Company Privacy Policy, which is part of these Terms of Use.  You should review the Company Privacy Policy, which is found by clicking this link: <@>.   Company reserves the right to amend or replace the Company Privacy Policy at any time and from time to time, in each case without notice to you.  Subject to the Company Privacy Policy, Company has the right to disclose any information on this website necessary to satisfy any law, regulation or other governmental inquiry.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated through the Website (each a “Submission”) will forever be the exclusive property of Company.  Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Company operations, products, services, or materials.  Without limitation, Company will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere.  Company will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

Links and Third Party Content

The Website contains links to external third party websites, entities, content and products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by Company.  If you access these links, you will leave the Website.  If you decide to visit any linked site, you do so at your own risk.  Company makes no representations whatsoever about any other websites which you may access from the Website.

General

The Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the State of Washington, USA, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the State of Washington, USA for any claim, proceeding or action under the Terms of Use against Company.  The Terms of Use shall constitute the complete and exclusive agreement between you and Company, and govern your use of the Website.  If any provision of the Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Use and the other provisions shall remain in full force and effect.