Silver Eagle Beverages Beverages, LLC (Silver Eagle Beverages), hereby grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Silver Eagle Beverages Web Site, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement. Silver Eagle Beverages may amend or change these terms and conditions, at any time, without notice to you. Therefore, you must consult the most recent version of this Agreement (and not an older cached version) each time you visit the Web Site. Use of this Web Site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
DISCLAIMER OF WARRANTY
SILVER EAGLE BEVERAGES PROVIDES THIS WEB SITE AS IS WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, EVENTS, OR SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SILVER EAGLE BEVERAGES MAKES NO WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
You agree that you release, and agree to indemnify, save and hold harmless Silver Eagle Beverages, its affiliates, and its and their officers, directors, employees, contractors, sponsors and agents from all claims arising out of or related to your access, use, or inability to use the Web Site. IN NO EVENT WILL SILVER EAGLE BEVERAGES BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU OR ANYONE ELSE FOR (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE WEB SITE, (ii) ARISING OUT OF OR RELATED TO THE WEB SITE, (iii) YOUR USE OF THIS WEB SITE, (iv) YOUR USE OF ANY MATERIALS DOWNLOADED FROM THIS WEB SITE, OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF SILVER EAGLE BEVERAGES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.
You acknowledge that the information, opinions, and content contained on this Web Site are not necessarily always those of Silver Eagle Beverages or endorsed by Silver Eagle Beverages. Silver Eagle Beverages provides links to other third-party websites for convenience only and are not intended as an endorsement by Silver Eagle Beverages of the information contained on the third-party website, or a warranty of any type of the third-party website. The Web Site may also contain news stories that do not necessarily reflect the opinions or recommendations of Silver Eagle Beverages.
Unless otherwise indicated, all information contained on this Web Site, such as text, graphics, logos, button icons, images, and audio or video clips is owned by or licensed by Silver Eagle Beverages, and is copyrighted and proprietary material of Silver Eagle Beverages, and may not be copied, reproduced, transmitted, displayed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Silver Eagle Beverages’s prior written consent, except that you may make such temporary copies as are necessary to browse the Web Site. You may also make a single copy of the content displayed on any page of the Web Site to be used by you for personal and noncommercial uses which do not harm the reputation of the Silver Eagle Beverages (as determined in Silver Eagle Beverages’s sole discretion), provided that you not remove any trademarks, copyright and any other notice contained in such content. Silver Eagle Beverages reserves all other rights not granted herein. You may not sell, modify, redistribute, put on another Web Site or otherwise publicly display or publicly perform, or use for any commercial purpose, any materials or information obtained from the Web Site without Silver Eagle Beverages’s express written consent.
USER NAMES AND PASSWORDS
If Silver Eagle Beverages provides you with a user name and password to access restricted portions of the Web Site, you shall not allow concurrent use of the Silver Eagle Beverages Web Site by multiple users utilizing the same user name and password, or allow another person or entity to use your user name and password to access the Web Site. You are responsible for maintaining the confidentiality of the password, and agree that Silver Eagle Beverages has no obligations with regard to the use of such user name or password by third parties. You are responsible for any and all activities on the Web Site made by persons using your user name and password. You agree to notify Silver Eagle Beverages if you believe that there has been any unauthorized use of your user name and password of if you have any reason to believe that the security of your user name or password has been compromised.
By submitting communications or content to any part of this Web Site, or linked to such Web Site, where such content would be viewable by the public (e.g., posting Facebook, Twitter or a public forum/bulletin board), you agree that such submission is non-confidential for all purposes. Any submission to this Web Site will be deemed to be, and will remain, the property of Silver Eagle Beverages. You grant, or warrant that the owner of such content has expressly granted Silver Eagle Beverages a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
You agree that Silver Eagle Beverages, in its sole discretion, may terminate your access to the Web Site, and remove and discard any of your materials posted on the Web Site, for any reason. You agree that Silver Eagle Beverages may terminate your access without any prior notice. If you do not wish to receive any emails or materials from Silver Eagle Beverages, you may choose to opt out by emailing: email@example.com. Further, you agree that Silver Eagle Beverages shall not be liable to you or any third-party for any termination of your access to the Web Site.
When using this Web Site, you may sometimes be linked to third party websites. Silver Eagle Beverages is not responsible for the information or materials contained on any third party websites. Links to this Web Site are provided for convenience only and are not intended as an endorsement by Silver Eagle Beverages of the organization or individual operating the third party website or a warranty of any type regarding either the third party website or the information on the third party Web Site. Silver Eagle Beverages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such third party websites.
This Website (including linked sites) may be accessed from the United States of America, as well as from other countries around the world. THIS AGREEMENT, AND YOUR USE AND ACCESS OF THE WEB SITE IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN BEXAR COUNTY, SAN ANTONIO, TEXAS. Silver Eagle Beverages makes no representation that materials on the Web Site, including but not limited to, products, descriptions, specifications or features, are appropriate or available for use in locations outside the United States of America. Those who choose to access this Web Site from other countries do so on their own risk and are responsible for compliance with local laws.