Agreement Between Site User and ALTHEA BRANDS, LLC (“ALTHEA BRANDS”)
The ALTHEA BRANDS https://legacy.drinkbela.com Website (hereinafter “Website”) is comprised of various Web pages operated by ALTHEA BRANDS, who maintains this Website as a service to those users who are interested in ALTHEA BRANDS products. The ALTHEA BRANDS Website is intended to be informative, and access to this Website is governed by the terms and conditions set forth herein and all applicable laws.
The ALTHEA BRANDS Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ALTHEA BRANDS Website constitutes your agreement to all such terms, conditions, and notices. You acknowledge and agree that all content and material on this Website, including but not limited to, text and images, is protected by copyrights, trademarks, service marks or other intellectual property rights and laws. Except as expressly authorized in writing by ALTHEA BRANDS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit materials or content from the ALTHEA BRANDS Website.
Modification of these Terms and Conditions of Use
ALTHEA BRANDS reserves the right to change the terms, conditions, and notices under which the ALTHEA BRANDS Website is offered, including but not limited to the charges associated with the use of the ALTHEA BRANDS Website.
Links to Third Party Sites
The ALTHEA BRANDS Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of ALTHEA BRANDS and ALTHEA BRANDS is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ALTHEA BRANDS is not responsible for webcasting or any other form of transmission received from any Linked Site. ALTHEA BRANDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ALTHEA BRANDS of the site or any association with its operators.
Health Information Disclaimer
Any medical or health related information provided on the ALTHEA BRANDS Website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
No Unlawful or Prohibited Use of the ALTHEA BRANDS Website
As a condition of your use of the ALTHEA BRANDS Website, you warrant to ALTHEA BRANDS that you will not use the ALTHEA BRANDS Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use ALTHEA BRANDS Website in any manner which could damage, disable, overburden, or impair the ALTHEA BRANDS Website or interfere with any other party’s use and enjoyment of the ALTHEA BRANDS Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ALTHEA BRANDS Websites.
Use of Communication Services
The ALTHEA BRANDS Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities, such as links to social media webpages administered by ALTHEA BRANDS, designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ALTHEA BRANDS has no obligation to monitor the Communication Services. However, ALTHEA BRANDS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ALTHEA BRANDS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ALTHEA BRANDS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ALTHEA BRANDS’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ALTHEA BRANDS does not control or endorse the content, messages or information found in any Communication Service and, therefore, ALTHEA BRANDS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ALTHEA BRANDS spokespersons, and their views do not necessarily reflect those of ALTHEA BRANDS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to ALTHEA BRANDS or Posted on the ALTHEA BRANDS Website
ALTHEA BRANDS does not claim ownership of the materials you provide to ALTHEA BRANDS (including feedback and suggestions) or post, upload, input or submit to any ALTHEA BRANDS Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ALTHEA BRANDS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ALTHEA BRANDS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ALTHEA BRANDS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ALTHEA BRANDS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALTHEA BRANDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ALTHEA BRANDS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ALTHEA BRANDS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALTHEA BRANDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ALTHEA BRANDS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALTHEA BRANDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: INFO@ALTHEABRANDS.COM
ALTHEA BRANDS reserves the right, in its sole discretion, to terminate your access to the ALTHEA BRANDS Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of INSERT STATE, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in GEORGIA, U.S.A. in all disputes arising out of or relating to the use of the ALTHEA BRANDS Website. Use of the ALTHEA BRANDS Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ALTHEA BRANDS as a result of this agreement or use of the ALTHEA BRANDS Website. ALTHEA BRANDS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ALTHEA BRANDS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ALTHEA BRANDS Website or information provided to or gathered by ALTHEA BRANDS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ALTHEA BRANDS with respect to the ALTHEA BRANDS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ALTHEA BRANDS with respect to the ALTHEA BRANDS Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the ALTHEA BRANDS Website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2018 by ALTHEA BRANDS, LLC. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to ALTHEA BRANDS, or other respective owners that have granted ALTHEA BRANDS license to use such marks.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Upon a request by ALTHEA BRANDS, you agree to defend, indemnify and hold harmless ALTHEA BRANDS and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this Website. ALTHEA BRANDS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ALTHEA BRANDS in asserting any available defenses.
Binding Arbitration and Class Action Waiver
You agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. You understand that through individual arbitration, a neutral arbitrator will decide and the arbitrator’s decision will be final except for limited appeal rights under the Federal Arbitration Act. Additionally, as a condition of use of the ALTHEA BRANDS, you understand and agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where an individual acts in a representative capacity is not allowed. You further understand and agree that individual proceedings cannot be combined for any reason whatsoever without express consent of all parties involved.