Terms and Conditions
By using the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Cutting Edge Beverage and govern your access to and use of the Site.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.
The cebev.com Site
The purpose of the Site is to provide information about Cutting Edge Beverage products, services, and general beverage industry material. You agree that you will only use the Site for personal use, and not for any other commercial venture without first seeking approval from Cutting Edge Beverage.
By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Cutting Edge Beverage is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
Cutting Edge Beverage reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). Cutting Edge Beverage will highlight any change to these TOU for 30 days after such change(s) is/are made.
Cutting Edge Beverage does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.
Please note that Cutting Edge Beverage does not accept unsolicited content or ideas you may attempt to transmit to Cutting Edge Beverage directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Cutting Edge Beverage unsolicited content or ideas, you agree that Cutting Edge Beverage may use such content and ideas in any way Cutting Edge Beverage wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, all other content on the Site is the property of Cutting Edge Beverage including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “CEBEV Content”).
Certain elements of Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any Cutting Edge Beverage Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non-commercial use. No right, title, or interest in any Cutting Edge Beverage Content is transferred to you as a result of your accessing, downloading, or printing such content from the Site.
You acknowledge that you have no right, title, or interest in or to the Site and/or Cutting Edge Beverage Content.
There may be other content located on the Site not owned by Cutting Edge Beverage, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Cutting Edge Beverage.
Cutting Edge Beverage takes copyright and other intellectual property issues seriously, and will terminate any Site users that are connected to valid and repeat copyright or other intellectual property infringement complaints.
If you believe that any content on the Site violates or infringes your intellectual property rights, please provide notice to the Cutting Edge Beverage contact address below detailing your allegation. Cutting Edge Beverage takes infringement of intellectual property rights seriously and will investigate the matter.
Links to Third Party Sites And Other Site Interaction
The Site may contain links to external sites not controlled and/or affiliated with Cutting Edge Beverage. If you use these links, you will leave the Site. For example, there may be links on the Site to Cutting Edge Beverage’s social media locations/pages. Cutting Edge Beverage provides these links to you only as a convenience, yet Cutting Edge Beverage is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.
Cutting Edge Beverage may also allow interaction between the Site and other third party sites such as Facebook and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. Cutting Edge Beverage has no control over these third party sites and you use these interaction functions at your own risk. Cutting Edge Beverage is in no way liable for any harm to you as a result of using one these interaction functions.
Other Prohibited Conduct
In connection with your use of the Site, you agree not to:
- Violate any federal, state, or local laws or regulations.
- Impose an unreasonable or disproportionately large strain on Cutting Edge Beverage’s network or computer infrastructure.
- Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Cutting Edge Beverage’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
- Engage in any behavior that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Cutting Edge Beverage or other users.
- Make unauthorized attempts to modify any information stored on the Site.
- Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
- Use the Site to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. Cutting Edge Beverage reserves the right to terminate your access to the Site for any reason.
By accepting these TOU, you waive and hold harmless Cutting Edge Beverage from any claims resulting from any action taken by Cutting Edge Beverage during or as a result of Cutting Edge Beverage’s investigation and/or from any actions taken as a consequence of investigations by either Cutting Edge Beverage or law enforcement related to your use of the Site.
You agree to indemnify, defend and hold harmless Cutting Edge Beverage, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Cutting Edge Beverage or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these TOU, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Cutting Edge BeverageMAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. Cutting Edge BeverageEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. Cutting Edge BeverageDOES NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. Cutting Edge BeverageDOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. Cutting Edge BeverageDOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE GOODS OR SERVICES. Cutting Edge BeverageMAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL Cutting Edge BeverageOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Cutting Edge BeverageHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE.
In no event will the collective liability of Cutting Edge Beverageor its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you paid to Cutting Edge Beveragefor the applicable good or service out of which the liability arose.
IF YOU ARE DISSATISFIED WITH THESE TOU, THE SITE, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.
Cutting Edge Beverage operates the Site from its headquarters in the United States, and the Site and TOU are intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.
Cutting Edge Beverage is not required to treat any information you send us as confidential.
Any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of Florida without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Florida (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in Florida courts, and agree not to plead or claim in any Oklahoma court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Cutting Edge Beverage, with respect to the Site.
If you violate any portion of these TOU, Cutting Edge Beverage reserves the right, without an obligation to do so, to deny you access to the Site.
Cutting Edge Beverage's failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
Cutting Edge Beverage reserves the right, without notice and reason, to take down or terminate the Site. You agree that Cutting Edge Beverage is not liable to you or any other third party for this action.
Cutting Edge Beverage does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Cutting Edge Beverage may revoke this linking permission at any time and for any reason.
Certain software elements of the Site may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact Cutting Edge Beverage for any reason not already specified in these TOU, please use the following contact information:
Cutting Edge Beverage
6655 South Lewis, Suite 105
Tulsa, OK 74138