1. You Agree to These Terms by Using this Site.
This website ("Site"") is offered to you conditioned upon your acceptance without
applicable laws and regulations. By accessing and using the Site, you accept these Terms
of Use. If you do not agree and accept, without limitation or qualification, these Terms of
Use, please exit the Site immediately.
2. Ownership of Content
The Site 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 The Double Cola Company ("Double
Cola") with all rights reserved unless otherwise noted. 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 is strictly prohibited. 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. Any rights not expressly granted herein are reserved.
3. Your Use of the Site
Double-Cola grants you permission to use the Site as follows:
a. 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
b. 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.
c. You are prohibited from using the Site for any purpose that is unlawful or prohibited
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 Site to advertise or perform any commercial solicitation. Any
rights not expressly granted herein are reserved.
d. Double-Cola reserves the right, in its sole discretion, to terminate your access to the
Site, or any portion thereof, at any time, for any reason or for no reason at all, without
prior notice, or any notice.
e. Double-Cola does not claim ownership of any information or materials provide to Site
via posts, uploads or any other form to the Site. 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 Site, 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.
f. Double-Cola does not represent or guaranty the truthfulness, accuracy, or reliability of
any information or material posted, uploaded or submitted to this Site by Participants.
Your reliance on this information or material is at your own risk.
Any personal data you transmit to the Site by electronic mail or otherwise will be used by
material you transmit to the Site, such as questions, comments, suggestions or the like,
will be treated as non-confidential and nonproprietary.
5. Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not apply to you. You agree
to defend, indemnify and hold harmless Double-Cola, its officers, directors, employees
and agents, from and against any claims, actions, or demands, including without
limitation reasonable legal and accounting fees, arising out of or resulting from
information or materials you submit to the Site, use of the Site, or the materials on the
6. Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DOUBLE-COLA,
NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS,
NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THIS SITE OR CONTENT. Please note that some jurisdictions may not allow the
exclusion of certain damages, so some of the above exclusions may not apply to you.
7. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Double-Cola.
Such links are provided for your convenience only. Double-Cola does not control, and is
not responsible for, the content or privacy policies on, or the security of, such sites.
Neither does Double-Cola endorse the content, or any products or services available, on
such sites. If you establish a link to such sites or the Site, you do so at your own risk and
without the permission of Double-Cola.
8. Revisions to the Terms
this posting. You are bound by any such revisions and should therefore periodically visit
9. Law and Jurisdiction
Tennessee, without regard to its choice of law provisions. The federal and state courts
located in Hamilton County, Tennessee, will have exclusive jurisdiction over any and all