TERMS & CONDITIONS OF USE
Welcome to the NOS Energy Drink website, located at http://drinknos.com
(the "Site") and operated
by NOS Energy Company an affiliated company of Energy Beverages LLC ("NOS").
THIS IS A LEGAL AGREEMENT ("AGREEMENT")
BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR
ORGANIZATION), AND NOS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING
TO USE THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DISCONTINUE YOUR USE OF THIS WEBSITE. YOUR USE OF THE SITE MEANS THAT YOU AGREE
TO THE TERMS OF THIS AGREEMENT.
References in this Agreement to "NOS," "we,"
"us" or "our" mean NOS. We may at our sole
and absolute discretion change, add, modify, or delete portions of this
Agreement at any time without notice. It is your sole responsibility to review
this Agreement for changes prior to use of the Site, and in any event your
continued use of the Site following the posting of changes to this Agreement
and the Privacy Policy set forth elsewhere on the Site, the terms of which are
incorporated by this reference, constitutes your acceptance of any changes. You
must be at least 13 years old to use the Site.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters
related to the Site are protected under applicable U.S. and international
copyright, trademark and intellectual property laws. "NOS" and our
logos and other marks are either trademarks or registered trademarks of NOS
("Trademarks"). We
exclusively own all worldwide right, title and interest in and to all the
Trademarks, documentation, software, contents, graphics, designs, data,
computer codes, ideas, know-how, "look and feel," compilations,
magnetic translations, digital conversions and other materials included within
the Site and related to the Site, and all modifications and derivative works
thereof, and all intellectual property rights related thereto (the "Intellectual Property"). The
posting of information or materials on the Site by us does not constitute a
waiver of any rights in any Intellectual Property or such information and
materials. You shall not challenge, contest or otherwise impair NOS’ ownership
of the Site and the content therein or the validity or enforceability of NOS’
rights in the Intellectual Property. We reserve the right in our sole
discretion to edit or delete any information or other content appearing on the
Site at any time without notice. Nothing contained in this Agreement shall be
construed by implication, estoppel or otherwise as granting to the user an
ownership interest in the Intellectual Property or any copyright, trademark,
patent or other intellectual property right of NOS or any third party.
Copyright Policy. None of the material on our Site may be downloaded, distributed,
reproduced, republished, posted, transmitted or copied in any form or by any
means, without the prior written permission of NOS, which permission may be
withheld in our sole and absolute discretion. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Site in a way
that constitutes copyright infringement, please provide us with the following
information: a description of the copyrighted work that you claim has been
infringed and where the material that you claim is infringing is located on the
Site; your address, telephone number, and email address; a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a signed statement by you, made
under penalty of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf. NOS’ Copyright Agent for notice of claims of copyright infringement can
be reached as follows: NOS Energy Company, Attn: Legal Department, 2390 Anselmo
Drive, Corona, California 92879.
Accuracy of Information. While we use reasonable efforts to include accurate and up to date
information in the Site, we make no and disclaim all warranties or
representations as to the accuracy, correctness, reliability or otherwise with
respect to such information, and assume no liability or responsibility for any
omissions or errors (including, without limitation, typographical errors and
technical errors) in the information contained on the Site.
Our Rights To Your Content. Any communication or material you transmit or post will be treated as
non-confidential and non-proprietary by NOS. You are solely responsible for any
content, discussions, chats, postings, transmissions, news, messages, photos,
videos, comments, blogs or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on your social media accounts,
which the Site may aggregate, which could be viewable by other users of the
Site. By posting Content on your social media accounts and using a hashtag in
the post identifying Nalu, you automatically grant, as well as represent and
warrant that you have the right to grant, to NOS, an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
distribute, publish, and/or broadcast, in whole or in part, in any medium and
in any manner on this Site or otherwise such information and Content and that NOS
has the right to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing. You understand and agree that NOS may review and delete any Content
that in the sole judgment of NOS violates this Agreement or which may be
offensive, illegal or violate the rights, harm, or threaten the safety of NOS
or any user of the Site.
Posting On The Site. You represent and warrant that: (i) you own any Content posted by you
on the Site or otherwise submitted to us in connection with the Site, and have
the right to grant the applicable license set forth herein, and (ii) posting
and publishing any such Content on or in connection with the Site does not
violate any third-party intellectual property, publicity, privacy or contract
rights. You shall not submit any Content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or that would otherwise
give rise to liability, or violates any law or obligation of confidentiality.
We may screen or monitor submitted Content for legal or other purposes, though
we have no obligation to do so. We assume no and disclaim all responsibility or
liability arising from the Content or for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger or
inaccuracy of any such information. Do not post personally identifiable
information in areas other than within your profile. We reserve the right, in
our sole discretion, to reject, refuse to post or remove any profile or posting
(including email) by you, or to restrict, suspend, or terminate your access to
all or any part of the Site at any time, for any or no reason, with or without
prior notice, and without liability. Your participation in any offline NOS
event is at your sole risk.
Privacy. You hereby acknowledge and agree that you have no expectation of
privacy with regard to any Content you submit, transmit, or post on to, or is
aggregated through the Site. Since we cannot guarantee security of information
on the Site, all use thereof is at your own risk and without recourse against
us. We will not be responsible for the accuracy of any Content contained on our
Site. Please choose carefully the information and Content you post on the Site,
your social media channels where the post hashtags NOS and that you provide to
others. Your social media account profile may include personally identifiable
items, including last names, email addresses, telephone numbers, and street
addresses.
Any and all information that we obtain from you, or from transactions
processed through the Site, including names, addresses, telephone numbers,
e-mail addresses and any other information concerning use, transactions, and
traffic through the Site may be collected and used by us as provided in our
Privacy Policy. You confirm that you have read and agree to the terms of our
Privacy Policy, the terms of which are incorporated herein. We make no and
disclaim all representations or warranties with regard to the sufficiency of
the security measures used for data handling and storage. We will not be
responsible for any actual, consequential special or incidental damages that
result from a lapse in compliance with our Privacy Policy because of a security
breach or technical malfunction.
Securities Laws. This Site may contain statements, estimates or projections that
constitute "forward looking
statements" as defined under U.S. Federal Securities laws. Generally,
the words "believe, expect, intend, estimate, anticipate, project,
will" and similar expressions identify forward looking statements, which
generally are not historical in nature. Forward looking statements are subject
to certain risks and uncertainties that could cause actual results to differ
materially from Monster Beverage Corporation’s (“MBC”) historical experience and MBC’s present expectations or
projections. These risks include, but are not limited to, MBC’s ability to
finance expansion plans, share repurchase programs and general operating
activities; changes in the non-alcoholic beverage business environment, including
actions of competitors and changes in consumer preferences; regulatory and
legal changes; interest rate and currency fluctuations; changes in economic and
political conditions; MBC’s ability to penetrate and develop new markets, the
effectiveness of MBC’s advertising, marketing and promotional programs;
litigation uncertainties; adverse weather conditions; inability to achieve
volume growth through product and packaging initiatives; changes in the cost
and availability of raw materials and the ability to maintain favorable supply
arrangements and relationships and procure timely and/or adequate production of
all or any products; the marketing efforts of distributors of MBC’s products,
most of which distribute products which are competitive to MBC; unilateral
decisions by stores or other customers to discontinue carrying all or any of MBC’s
products that they are carrying at any time; changes in product category
consumption; possible recalls of MBC’s products; and other risks discussed in
the Monster Beverage Corporation’s filings with the Securities & Exchange
Commission ("SEC"),
including the Monster Beverage Corporation’s annual report on Form 10K, which
filings are available from the SEC. The aforegoing list of important factors is
not exhaustive. You should not place undue reliance on forward looking
statements, which speak only as of the date they are made. We undertake no
obligation to publicly update or revise any forward looking statements and
expressly disclaim any duty to do so.
International Users. If you use the Site from outside of the United States, your connection
will be through and to servers located in the United States, your orders placed
through the Site will be fully processed in and shipped from the United States
and all information you provide will be processed and maintained in our web
servers and internal systems located within the United States. By using the
Site, you authorize the export of personal information to the United States and
its storage and use as specified above when you provide such information to
us.
Remedies. You
hereby acknowledge that if we, in our sole discretion, determine you to be in
breach of this Agreement, we may restrict, suspend, or terminate your access to
all or any part of the Site, with or without notice. Termination shall be
without prejudice to any other right or remedy to which we or our affiliates
may be entitled under this Agreement or at law.
Disclaimer. THE SITE
AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR
TRADE CUSTOM OR USAGE. IN ADDITION, NOS DISCLAIMS (A) ANY ENDORSEMENT OF OR
LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR
TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF
DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR
INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO
CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NOS SHALL HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH
THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOS THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
NOS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY
THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON
ANY AGGREGATION PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. NOS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY
WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR
INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM
THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS,
LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOS’S AGGREGATE
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO NOS IN
THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
Indemnity. You will indemnify and hold us,
our subsidiaries, parents, affiliates, officers, directors, shareholders, legal
representatives, agents, and other partners and employees, harmless from loss,
liability, costs, damages or expenses from any and all claims, actions and
suits, whether groundless or otherwise, and from and against any and all
claims, liabilities, judgments, losses, damages, costs, charges, attorney’s
fees, and other expenses of every nature and character by reason of (i) your
use of the Site; (ii) your breach of this Agreement and/or any breach of your
representations and warranties set forth in this Agreement; (iii) your
participation in any offline NOS event; and (iv) any acts or omissions by you
or on your behalf with respect to any Content posted on or aggregated to the
Site by you and/or any third party.
No Solicitation. While we love to hear from our fans, it is the policy of NOS not to
accept unsolicited submissions of ideas or other creative material. This is to
avoid any misunderstandings if MEC’s products or marketing that we develop
independently seem similar to ideas submitted to us. We must therefore request
that you do not send to us any original creative materials such as ideas for
new or improved products, advertising campaigns, or product names, etc. Any
communication or material you do transmit to the Site by electronic mail or
otherwise will be treated as non-confidential and non-proprietary. Anything you
transmit or post may be used by NOS or its, parent, subsidiary, and/or
affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore, NOS
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever, including, but
not limited to, developing, and marketing products using such information.
Miscellaneous. This Agreement shall be governed by and construed in accordance with
the laws of the State of California, USA, without giving effect to any
principles of conflicts of law. Subject to the arbitration provision below, any
legal actions related to this Agreement and/or the Site, or your use thereof,
shall be brought and conducted in Orange County, California, and each user
hereby consents to such jurisdiction and authorizes and accepts service of
process sufficient for personal jurisdiction in any action against him as
contemplated by this section. Any dispute, controversy or claim arising out of
or relating to this Agreement or the breach or termination hereof shall be
settled by binding arbitration conducted by JAMS/Endispute ("JAMS") in accordance with JAMS
Comprehensive Arbitration Rules and Procedures (the "Rules"). The arbitration shall be heard by one arbitrator to
be selected in accordance with the Rules, in Orange County, California, and
conducted in the English language. Judgment upon any award rendered may be
entered in any court having jurisdiction thereof. Within seven (7) calendar
days after appointment, the arbitrator shall set the hearing date, which shall
be within ninety (90) calendar days after the filing date of the demand for
arbitration unless a later date is required for good cause shown and shall
order a mutual exchange of what he/she determines to be relevant documents and
the dates thereafter for the taking of up to a maximum of five (5) depositions
by each party to last no more than two (2) business days in aggregate for each
party. All parties waive the right, if any, to obtain any award for exemplary
or punitive damages or any other amount for the purpose or imposing a penalty
from the other in any arbitration or judicial proceeding or other adjudication
arising out of or with respect to this Agreement, or any breach hereof,
including any claim that said Agreement, or any part hereof, is invalid,
illegal or otherwise voidable or void. In addition to all other relief, the
arbitrator shall have the power to award reasonable attorneys’ fees to the
prevailing party. The arbitrator shall make his or her award no later than
seven (7) calendar days after the close of evidence or the submission of final
briefs, whichever occurs later.
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. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding this Agreement, please contact us:
NOS Energy Company
Attn: Legal Department
2390 Anselmo Drive
Corona, CA 92879
Tel: 866-322-4466
Fax: 951-739-6210
Email: mailto:[email protected]
EFFECTIVE DATE: November 4, 2015
