Welcome to the Diabolo Beverage Co., LLC Web Site (the “Site”). Please review the following general terms and conditions that govern your access and use of the Site (the “Terms and Conditions”). By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification.
1. You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Diabolo, unless otherwise noted, or are the copyrighted property of third parties. Diabolo neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Diabolo. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Diabolo and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
2. Use of and browsing in the Site is done at user’s own risk. Neither Diabolo nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. WITHOUT LIMITING THE FOREGOING,THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DIABOLO OR ITS AFFILIATES OR THEIR RESPECTIVE AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF DIABOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. DIABOLO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, CORRECTNESS OR COMPLETENESS OR OTHERWISE OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
3. All copyrights, trademarks, patents and other intellectual property rights (whether or registered or not) in and on the Site and all content and software located on this Site shall remain the sole property of Diabolo or its affiliates or licensors, as the case may be. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trademark displayed on the Site, or any license or right to use any other trademark or intellectual property owned by any other third party.
4. All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
5. Diabolo may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
6. These Terms and Conditions set forth the entire understanding and agreement between you and Diabolo and/or Diabolo with respect to the Site. You acknowledge that any other agreements between you and Diabolo and/or Diabolo with respect to the Site are superseded and of no force or effect.
EFFECTIVE DATE: 05/01/2012