Terms of Use

1. You Agree to These Terms by Using this Site

Your access to, and use of, www.vitaminwater.com, including the content, Services and Software provided there (collectively, the "Site") are subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Energy Brands Inc. d/b/a glacéau Energy Brands Inc. d/b/a glacéau are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

2. Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Energy Brands Inc. d/b/a glacéau or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Energy Brands Inc. d/b/a glacéau or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner, is strictly prohibited. You are also advised that Energy Brands Inc. d/b/a glacéau will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Your Use of the Site

Energy Brands Inc. d/b/a glacéau grants you permission to use the Site as follows:

• with the exception of images of people or places that are located outside of the "Press left" section of the Site, you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
• you may not use images of people or places that are located outside of the "Press left" section of the Site without written permission from Energy Brands Inc. d/b/a glacéau;
• Content within the "Press left" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
• 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 written permission from Energy Brands Inc. d/b/a glacéau;
• you are prohibited from using the Site to post or transmit 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;
• Energy Brands Inc. d/b/a glacéau will fully cooperate with any law enforcement authorities or any court order requesting or directing Energy Brands Inc. d/b/a glacéau to disclose the identity of anyone posting or transmitting any such information or materials; you are prohibited from using the Site to advertise or perform any commercial solicitation;
• you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Energy Brands Inc. d/b/a glacéau, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
• you are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
• you are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
• you are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks; and
• you are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.

4. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Energy Brands Inc. d/b/a glacéau in accordance with the Site's Privacy Policy. Any other communication or 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. Without limiting the foregoing, Energy Brands Inc. d/b/a glacéau neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Energy Brands Inc. d/b/a glacéau assumes no responsibility or liability arising from 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, contained in any such locations on the Site.

6. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ENERGY BRANDS INC. D/B/A GLACÉAU, NOR ANY OF ITS 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 WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER ENERGY BRANDS INC. D/B/A GLACEAU NOR ITS PARENT, SUBSIDIARIES, BOTLLERS, OR ANY OTHER OF ITS AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY ENERGY BRANDS INC. D/B/A GLACEAU OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

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 Energy Brands Inc. d/b/a glacéau. Such links are provided for your convenience only. Energy Brands Inc. d/b/a glacéau does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Energy Brands Inc. d/b/a glacéau specifically disclaims any responsibility if such sites:

• infringe any third party's intellectual property rights;
• are inaccurate, incomplete or misleading;
• are not merchantable or fit for a particular purpose;
• do not provide adequate security;
• contain viruses or other items of a destructive nature; or
• are libelous or defamatory.

Neither does Energy Brands Inc. d/b/a glacéau 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 Energy Brands Inc. d/b/a glacéau.

8. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Energy Brands Inc. d/b/a glacéau does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

9. Indemnity

You agree to defend, indemnify and hold harmless Energy Brands Inc. d/b/a glacéau, its parent, subsidiaries, bottlers, any other of its affiliated entities and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission or User Content that you make available or create through the Site, the Services or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

10. Termination

You agree that Energy Brands Inc. d/b/a glacéau, in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if Energy Brands Inc. d/b/a glacéau believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Energy Brands Inc. d/b/a glacéau may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Energy Brands Inc. d/b/a glacéau nor its parent, subsidiaries, bottlers, or any other affiliated entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

11. Revisions to the Terms

Energy Brands Inc. d/b/a glacéau may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of this document.

All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.

12. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Georgia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

13. Severability

If any provision of these Terms of Use found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

14. Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site:
http://www.staysafe.org/.

15. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Energy Brands Inc. d/b/a glacéau's parent, The Coca-Cola Company, a notice requesting that The Coca-Cola Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send The Coca-Cola Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Bernadette Drankoski
Marketing Counsel
The Coca-Cola Company
One Coca-Cola Plaza
Atlanta, Georgia 30313
Phone: 404 676 2121
Fax: 404 515 5997
E-mail: bdrankoski@na.ko.com

Details are available at http://www.copyright.gov/onlinesp/.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

16. Information or Complaints.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to Coca-Cola.Support@na.ko.com . You may also contact us by writing to The Coca-Cola Company, Website Customer Care, PO Box 1734, Atlanta, Georgia USA 30301, or by calling us on 1 800-438-2653. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210

Copyright © 2011 Energy Brands Inc. d/b/a glacéau All rights reserved.