TERMS & CONDITIONS
Please read these terms and conditions (“Terms”) carefully before using this website (“Site”), which is owned and operated by Caffey Distributing Company, Inc. (“Caffey Distributing”, “CDC” or “Caffey”) and Carolina Premium Beverage, Inc. (“Carolina Premium Beverage”, “CPB, “Carolina Premium” or “CPBev”). Your use of this Site constitutes your agreement to all of these Terms. If you do not agree to these Terms, please do not use this Site. Caffey Distributing and Carolina Premium Beverage reserve the right, in its sole discretion, to change, modify, alter, add or remove portions of this Site and/or these Terms at any time and without notice. Any such modification will become effective upon the date of first posting on this Site. Please review these Terms periodically. Your continued use of this Site after the posting of changes will mean you accept the changes.
The information and materials on this Site are provided “as is” and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFFEY DISTRIBUTING AND CAROLINA PREMIUM BEVERAGE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Caffey Distributing and Carolina Premium Beverage do not warrant that the functions contained on this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Caffey Distributing and Carolina Premium Beverage do not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. The user assumes the entire cost of all necessary maintenance, repair or correction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Caffey Distributing or Carolina Premium Beverage. Caffey Distributing and Carolina Premium Beverage are not responsible for the contents of any Linked Site, including without limitation any link contained in any Linked Site, or any changes or updates to a Linked Site. Caffey Distributing and Carolina Premium Beverage are not responsible for webcasting or any other form of transmission received from any Linked Site. Caffey Distributing and Carolina Premium Beverage are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Caffey Distributing or Carolina Premium Beverage of the Linked Site or any association with its operators. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Caffey Distributing or Carolina Premium Beverage for any damages or losses, whatsoever, resulting from the use of the Site to obtain search results and/or to link to another site or from your use of the Linked Site.
Your use and browsing of this Site is at your own risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Under no circumstances will Caffey Distributing, Carolina Premium Beverage, its suppliers or other third parties identified in or involved in creating, producing or delivering this Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs or business interruption) arising from your access to, use, inability to use, or the results of use of the Site, any Linked Sites or any materials contained at any or all such sites (including, but not limited to those resulting from a failure of performance, error, omission, linking to other websites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or destruction, unauthorized access to, alteration of or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Caffey Distributing or Carolina Premium Beverage was advised of the possibility of such damages. Furthermore, Caffey Distributing and Carolina Premium Beverage shall have no liability or responsibility for any acts, omissions or conduct of any user or third party.
Any comments or materials sent to Caffey Distributing or Carolina Premium Beverage including feedback data, such as questions, comments, suggestions or the like regarding the content of this Site (“Feedback”), shall be deemed to be non-confidential. Caffey Distributing and Carolina Premium Beverage shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Caffey Distributing and Carolina Premium Beverage shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback, without charge, for any purpose whatsoever.
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other intellectual property (collectively “Intellectual Property”) of Caffey Distributing and/or Carolina Premium Beverage. All other product names as well as unregistered and registered trademarks are the property of their respective owners. Nothing contained within this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Caffey Distributing or Carolina Premium Beverage Intellectual Property or Intellectual Property of others displayed within this Site. Any use or reproduction of the Intellectual Property on this Site is strictly forbidden without Caffey Distributing’s or Carolina Premium Beverage’s express written permission in each instance.
Caffey Distributing and Carolina Premium Beverage maintain this Site for your personal information, education and communication. You may not distribute, modify, alter, transmit, reuse, re-post or use the content of this Site for public or commercial purposes, including, but not limited to product names, designs, logos, titles, text, images, audio and video, without Caffey Distributing’s or Carolina Premium Beverage’s written permission in each instance. Modifications of the materials or use of the materials for any other purpose is a violation of Caffey Distributing’s and Carolina Premium Beverage’s copyright and other proprietary rights.
Caffey Distributing and Carolina Premium Beverage respect the rights of all copyright holders and, in this regard, Caffey Distributing or Carolina Premium Beverage will terminate in appropriate circumstances use of the Site by anyone who infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As a condition of your use of the Site, you warrant to Caffey Distributing and Carolina Premium Beverage that you will not use the Site for any purpose that is unlawful or prohibited by Federal, State or local laws, rules or regulations or by these Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. In the event of any unlawful or prohibited use of the Site, in addition to any other remedies that may be available to it, Caffey Distributing and Carolina Premium Beverage reserve the right to prosecute any such visitors to the fullest extent allowable by law.
You agree to indemnify, defend and hold harmless Caffey Distributing, Carolina Premium Beverage and its subsidiaries, affiliates, officers, directors, agents and employees, from any claim or demand, including reasonable attorney’s fees, made by a third party related to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your violation of any rights of a third party related to your use of the Site.
Caffey Distributing and Carolina Premium Beverage reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
This Agreement is governed by the laws of the State of North Carolina, U.S.A., without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the Courts in North Carolina, U.S.A. for resolution of all claims and disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Caffey Distributing or Carolina Premium Beverage as a result of these Terms or use of the Site. Nothing contained in these Terms is in derogation of Caffey Distributing’s or Carolina Premium Beverage’s right to comply with governmental, Court or law enforcement requests or requirements related to your use of the Site or information provided to or gathered by Caffey Distributing and Carolina Premium Beverage with respect to such use. If any part of these Terms 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, these Terms constitute the entire agreement between the user and Caffey Distributing and/or Carolina Premium Beverage with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between user and Caffey Distributing and/or Carolina Premium Beverage with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records in printed form.
This Site is administered by Caffey Distributing and Carolina Premium Beverage from its offices in the United States. Materials published at this Site may refer to products, programs or services that are not available in your country. Furthermore, Caffey Distributing and Carolina Premium Beverage make no representation that the materials on this Site are appropriate or available for use in any jurisdiction where their contents are illegal or prohibited by law.