terms and conditions

Acceptance Through Use

By using this site, you agree to the Terms and Conditions below ("Agreement"). If you do not agree to these Terms and Conditions, please do not use this site. Caffeine Energy retains the right, at its discretion, to modify or delete these Terms and Conditions, or any other portion of its site, at any time. You should review this page periodically so that you are updated on any changes.

Copyright and Trademark Notices

This site is owned and operated by Caffeine Energy, LLC. Unless otherwise specified, all copyrightable materials appearing on this site, including certain text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the property of, or is licensed exclusively, by Caffeine Energy, LLC. Copyright © 2009.

You may not use this site for any other purpose beyond the scope of the Agreement. In addition, no materials from this site may be copied, reproduced, modified, republished, upload ed, posted, transmitted, or distributed in any form or by any means without Caffeine Energy's express written consent. You may obtain consent by writing to the following address:

John W. Roberts
Attorney at Law
1105 16th Ave S
Nashville, TN 37212
Telephone: (615) 242-1001
email: legal@CaffeineEnergyDrink.com

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The use of any Caffeine Energy trademark, service mark, or trade name without Caffeine Energy's express written consent is strictly prohibited.

Idea Submission Policy

On occasion, Caffeine Energy receives unsolicited ideas or items submitted from visitors or users to the Caffeine Energy site. However, as you may be able to appreciate, many of these submissions contain both old and new ideas, and others contain ideas or elements of ideas that are already in development at Caffeine Energy. Accordingly, Caffeine Energy cannot receive such ideas or items in confidence. Submission of your idea or item will constitute acceptance by you of the following idea submission policy.

You represent that you are the sole and exclusive owner (or the authorized agent of the entity which is the owner) of said item or idea and are of legal age. You submit your idea or item voluntarily and you understand that this submission by you and its acceptance by Caffeine Energy does not, in whole or in part, establish or create by implication or otherwise any relationship between Caffeine Energy and you not expressed here. No confidential relationship is to be established by such submission or implied from consideration of the submitted material, and the material is not considered to be "submitted in confidence".

Caffeine Energy, in its own judgment, may accept or reject the idea or item submitted and shall not be obligated to you in any way with respect to your idea or item. Caffeine Energy may photograph, photocopy or otherwise reproduce for its records any material submitted by you herewith or subsequently with respect to said idea or item whether accepted or rejected. Caffeine Energy may use your idea or item in any manner which it chooses and you will not be compensated for such use. In consideration of Caffeine Energy examining your suggestion, you release Caffeine Energy from any liability in connection with, and expressly waive, all claims of any nature whatsoever, including but not limited to those in contract or tort, arising out of any disclosure by you to Caffeine Energy of the idea or item or Caffeine Energy's use of the idea or item.

Procedure for Making Claims of Copyright Infringement

Caffeine Energy will make its best efforts to remove information that a Copyright Owner believes is infringing provided adequate notice and information is provided to Caffeine Energy by the Copyright Owner.

Written Notification must be submitted to the following designated agent:

John W. Roberts
Attorney at Law
1105 16th Ave S
Nashville, TN 37212
Telephone: (615) 242-1001
email: legal@CaffeineEnergyDrink.com

Notification on behalf of the Copyright Owner must include:

  1. Identification of the copyrighted work claimed to have been infringed and the manner of use which is claimed to constitute an infringement.
  2. Identification of the owner of the copyrighted work.
  3. A signature of the Copyright Owner or a person authorized to act on their behalf (electronic or physical signature, in permanent ink).
  4. Information sufficient to permit Caffeine Energy to locate the copyrighted work at issue. Sufficient information includes where the work is located on the Caffeine Energy site, the name or number of the file where the work is located, and any indexing information that might be associated with the work (e.g. author, title, page, date, etc.).
  5. A statement that the Copyright Owner has a good faith belief that the use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law. Along with a statement under penalty of perjury that the information in the notification is accurate. Information sufficient to permit Caffeine Energy to contact the person submitting the complaint on behalf of the Copyright Owner (including, name, address, phone number, email address).

Upon receipt of a properly submitted written notification, Caffeine Energy will endeavor to investigate the claim. If the claim is well founded, Caffeine Energy will:

  1. Attempt to locate the information as identified.
  2. Remove, or disable access to, the material.
  3. Forward a written notification that a complaint has been received from the Copyright Owner and that the information complained of was removed from the system.

If the Copyright Owner is satisfied with the removal, we request that you send written notice of your release to any claims of infringement. If the Copyright Owner does not do so, Caffeine Energy Drink reserves the right to contact the Copyright Owner directly to seek a statement of satisfaction.

Use of Site

You agree that you will not falsify, delete or alter author attributions, legal or other proper or proprietary notices, designations or labels of any material that is uploaded.

You agree that you will not defame, abuse, harass or otherwise violate the legal rights of others and that you will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene or indecent material or information.

You agree that you will not violate any applicable laws or regulations.

Links to Third Party Sites

This site may contain links to other sites operated by third parties.  Caffeine Energy has no control over the content or accuracy of information provided on other websites. Further, Caffeine Energy has no control over the Privacy Policy of those websites. Third parties may also create hyperlinks from their web sites to Caffeine Energy. Caffeine Energy neither endorses, nor is responsible for, the content of such third party sites or their use of links to Caffeine Energy.

General

This agreement is governed by the laws of the State of Tennessee, United States of America, without regard to its conflicts of law principles. In the event of a dispute between you and Caffeine Energy arising out of, or relating to, your use of this site, you agree that the sole jurisdiction and venue for any such litigation shall be an appropriate federal or state court located in Nashville, Davidson County, Tennessee.

Liability Disclaimer

THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE CAFFEINE ENERGY SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CAFFEINE ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED WITHIN THIS SITE. FURTHER, CAFFEINE ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

CAFFEINE ENERGY PROVIDES ITS PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

YOU AGREE THAT CAFFEINE ENERGY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY UNAUTHORIZED: (1) ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (2) MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED; AND (3) TRANSACTIONS ENTERED INTO THROUGH CAFFEINE ENERGY.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR USE OR CONDUCT ON THE CAFFEINE ENERGY SITE.

TO THE EXTENT THAT THE LAW IN THE RELEVANT JURISDICTION PROVIDES, IN NO EVENT SHALL CAFFEINE ENERGY BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT ARISE, INCLUDING BUT NOT LIMITED TO THOSE CLAIMS ARISING AS A RESULT OF: LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES; THE PROVISION OR FAILURE TO PROVIDE SERVICES; OR DIRECT, CONTRIBUTORY OR VICARIOUS LIABILITY FOR INFRINGEMENT, MISAPPROPRIATION, OR BREACH RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.