All access to and use of our Websites, including any use or reliance on the information on the Websites, is provided subject to these terms and, by accessing the Websites or using the information on the Websites, you agree to these terms.
All items and materials appearing on the Websites, including but not limited to, the text, logos, images, types faces, photographs, illustrations, sounds and other material (collectively the “Content”) are the exclusive property of Milo’s or its licensors and are protected under applicable copyright, trademark and other laws. Any Content that is also a trademark or service mark including, but not limited to, “Milo’s”, “Milo’s Tea”, “Milostea.com”, “Milo’s Famous Tea”, “Milo’s Famous Unsweet Tea”, “Milo’s Famous Sweet Tea”, “Taste the Difference”, “Taste the Milo’s Difference”, “Milo’s Famous Sweet Tea with Lemonade”, “Milo’s Lemonade” and their respective logos and designs (collectively, the “Marks”) are the registered or unregistered trademarks of Milo’s. All other trademarks, product names, and company names and logos appearing on the Websites are the property of their respective owners. You may not use the Content in any way, including copying, printing, distributing, publishing, uploading, posting or transmitting the Content, except as specifically stated in these terms.
USE OF THE WEBSITE
Milo’s grants you permission to download to one electronic device, or print one copy, of any portion of the Content for your own personal, non-commercial, home use, but you must leave all copyright, trademark or other proprietary notices in place on such copies. We may revoke this permission at any time.
You agree to comply with all applicable laws, rules and regulations when using the Websites.
Without Milo’s express written consent, you may not:
- frame or utilize framing techniques to enclose any portion of the content;
- link to any portion of the Websites other than the home page (no “deep linking”);
- attempt to obtain unauthorized access to the Websites; or
- use the Websites in a manner that causes an unreasonable burden on the system and prevents others from using the Websites, as determined in Milo’s sole discretion.
YOUR SUBMISSIONS TO THE WEBSITE
Certain features of the Website allow you to post, transmit or upload your own materials to the Website (“User Submissions”). “User Submissions” include information, materials or communications including, but not limited to, feedback, questions, comments suggestions, ideas, graphics or computer files of any type that you submit to the Website. User Submissions are considered and treated as non-confidential and non-proprietary. Milo’s is free to use, copy, modify, adapt, publish, translate, distribute and/or incorporate User Submissions in any way for any purpose including, without limitation, developing, manufacturing and marketing purposes without an obligation to recognize or compensate you.
You may not post or transmit and your User Submissions may not include or incorporate any unlawful, threatening, abusive, offensive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or anticompetitive materials or any material that could constitute or encourage conduct that would result in criminal or civil liability, violate the rights of third parties, or otherwise violate any law, including copyright laws. You represent, warrant and agree that User Submissions submitted, posted, transmitted, or shared by you will not infringe upon the rights of any third party, including but not limited to copyright, trademark, or privacy rights; and will not contain defamatory or discriminatory or otherwise unlawful material. You agree that Milo’s has no obligation to use or respond to any User Submissions.
User Submissions are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Milo’s. Milo’s is not responsible for User Submissions.
By posting material on the Website relying on social media platforms, such as Facebook or Twitter, you agree to comply with the terms and conditions of that particular social media platform as well as these terms.
Milo’s has no obligation to monitor, screen, or police the Websites, but we reserve the right to do so at any time. In our sole discretion we may prohibit or enjoin any use of the Websites that violates these terms or otherwise restricts or prevents other users from accessing or using the Websites.
You acknowledge that the Internet is an open system, and Milo’s cannot and does not warrant or guarantee that third parties cannot or will not intercept or modify User Submissions or User Information submitted to Milo’s or monitor your use of the Websites.
DISCLAIMER The Websites, the Content and all information regarding products and services included therein, are for informational purposes only and are provided “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Milo’s does not represent or warrant that the Websites will be available, uninterrupted, free of viruses or other harmful components or error-free, or that defects will be corrected, and makes no representation or warranty as to the accuracy, adequacy, completeness, correctness, usefulness, timeliness, or reliability of information contained in or on the Websites. Milo’s does not endorse, approve or certify the information available on or through the Websites that is provided or posted by others. Use of the Content is voluntary and reliance on it should only be undertaken after you have independently verified its accuracy, completeness and timeliness.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Nothing on the Websites is intended to or shall be construed to provide any warranties or representations with regard to Milo’s products including, but not limited to, the product descriptions provided on the Websites. MILO’S EXPRESSLY DISCLAIMS ALL PRODUCT WARRANTIES ARISING FROM INFORMATION PRESENTED ON THE WEBSITES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND NON-INFRINGEMENT. Please refer to the appropriate product label for product information.
LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MILO’S, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OF, USE, INABILITY TO USE, OR YOUR RELIANCE ON ANY OF THE CONTENT ON THE WEBSITES REGARDLESS OF WHETHER MILO’S HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.
You agree to indemnify, defend, and hold harmless Milo’s, its subsidiaries, affiliates, officers, directors, employees, agents or representatives from and against all claims, allegations, demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms or any activity related to your accessing the Websites or your use of Content or your User Submissions to the Websites, by you or any other person accessing the Websites using your account.
LINKS TO OTHER WEBSITES
The Websites may contain links to other websites that are not under Milo’s control and are not governed by these terms (the “Linked Sites”). Linked Sites are not reviewed or endorsed by Milo’s, and Milo’s is not responsible for or affiliated with the Linked Sites. These links are provided solely as a convenience to you, and Milo’s makes no warranties or representations as to Linked Sites including, without limitation, warranties or representations as to the contents, privacy policies, or applicability of the Linked Sites.
GOVERNING LAW / GEOGRAPHIC JURISDICTION
Your use of the Websites shall be governed in all respects by the laws of the State of Alabama, USA, without regard to its choice of law provisions. By accessing the Websites, you expressly agree and irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in Jefferson County, Alabama. Milo’s makes no representations that the Content is appropriate or available for use in other locations, and access to the Websites from territories where the Content is illegal is prohibited. Those who access the Websites from other locations are solely responsible for compliance with all local laws.
Your use of the Websites must be in compliance with all procedures, rules and policies established by Milo’s, and all applicable federal, state, and local laws and regulations including, without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).
These terms represent the entire agreement between you and Milo’s and govern the use of the Websites and Content. Our failure to insist on performance of any term, condition, or instruction, or to exercise any right or privilege in these terms, or our waiver of any breach, shall not thereafter waive any such term, condition, instruction, and/or any right or privilege. If any term, condition, or provision of these terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
You agree that regardless of any statute or law to the contrary, any proceeding, legal or equitable, under these terms shall be instituted within one year after the cause of action arose, or shall be forever barred. The section titles in these terms are for convenience and general reference only and shall not be construed to describe, define, or limit the scope or intent of the provisions of these terms.
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Websites. Milo’s will cooperate fully with any law enforcement authorities or court order requesting or directing Milo’s to disclose the identity of anyone posting any such information or materials. We may terminate your access, or suspend your access to all or part of the Websites, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of Milo’s, another user, or any other third-party.
We have adopted the following policy toward copyright and intellectual property infringement. The address of our Designated Agent to receive notification of claimed infringement (“Designated Agent”) is:
Milo’s Tea Company, Inc.
3112 Dublin Lane
Bessemer, AL 35022
We respect the intellectual property of others, and we ask our users to do the same. If you believe that material residing on this Website infringes your copyright or other intellectual property right, you must send a written notice of the claimed infringement to the Designated Agent listed above. The notice must specify the type of infringement at issue and include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
- A description of the work that you claim has been infringed upon;
- A description of where the material you claim is infringing is located on the Website (in sufficient detail to allow us to locate it on the Website);
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information you submit is accurate and that you are the owner of the intellectual property or authorized to act on the owner’s behalf.
Once a proper notice is received by our Designated Agent, Milo’s will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material.
We may make changes to the Websites, the Content these terms, or the policies and conditions that govern the use of the Websites and Content at any time without notice or liability. Any changes or updates will be posted here, and your access or use of the Websites following such changes shall be deemed your acceptance of these changes or updates.