American Beverage Company, Sarl (”ABC”) Terms of Use Agreement
AGREEMENT
This Agreement governs your access to and use of any website, mobile website, social media site, software, mobile application, text message services, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein (collectively the “Service”) owned, operated, or provided by American Beverage Company Sarl, or any of its subsidiaries, divisions, and affiliates (“ABC”) to the purchases of bottled water and other beverages and related products (“Products”) and Equipment (as defined below) from American Beverage Company Sarl (ABC).
The information you provide will be treated in accordance with our Privacy Policy, If you do not provide Company all of the requested information, we may not be able to provide you with the requested goods or services.
ABC offers the Service, including all information tools and services available, to you conditioned upon your acceptance of all terms, conditions, polices and notices stated herein or incorporated by reference. Please read these Terms carefully before using the Service.
By visiting or otherwise using the Service in any manner, you acknowledge and accept these Terms without limitation or qualification, that you have read and understood these Terms, and that you agree to be bound by them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Notice which is incorporated herein by reference.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms, and we will post the date last updated in the header of these Terms.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit ABC’s liability to you and require you to indemnify ABC.
Your continued use of the Service affirms your agreement to these Terms. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service, and uninstall any Service downloads and applications.
These Terms are written in the English and French languages. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English or French language versions, the English and French language versions of these Terms shall control.
The Service is controlled and operated in whole or in part by ABC from its offices within Cameroon. ABC makes no representation that the Service is appropriate or available for use in other locations, and access to them from territories where the Service is illegal is prohibited. Those who access the Service from other locations do so at their own risk and are responsible for compliance with applicable local laws.
ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside and that you will abide by all applicable Country, or local laws, and understand that you will be legally bound by these Terms. You also agree to abide by the Privacy Notice, and all future modifications or amendments to same. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Notice, then accessing the Service is strictly prohibited and you must immediately exit the site. The Service is not targeted for use by children under the age of eighteen. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
Your submission of contact information, no matter the type, to the Service constitutes acceptance to receive certain ABC communications. You may opt-out of these communications at any time using the means provided in the communication, as well as by contacting the email address listed below.
AMERICAN BEVERAGE COMPANY ’S RIGHTS
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text,
design, graphics, logos, icons, images, video, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and are owned or controlled by ABC, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by ABC, our licensors or certain other third parties, and is protected by Cameroon and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. ABC’s provision of the Service does not grant you a license to use the Content in any fashion, except as necessary to access and use the Service. No intellectual property rights are licensed or transferred to you through your use of the Service. The Content is not to be resold, decompiled, reverse engineered, disassembled, reproduced, communicated, used, displayed, distributed, transmitted, or converted without the express written permission of ABC. Any unauthorized use of any Content available through the Service may violate copyright, trademark, and other laws.
American Beverage Company owns and uses a number of proprietary logos, service marks, trademarks, slogans and product designations on the Service, including but not limited to: AMERICAN BEVERAGE COMPANY SARL; ABC; DRINK THE DIFFERENCE; OUR TECHNOLOGY, YOUR HEALTH. All rights reserved. Access to the Service does not confer upon you any license to any of ABC’s or any third party’s intellectual property rights. No ABC trademark or service mark may be used, including as a hyperlink, without ABC’s prior written permission.
The Service may also contain references to other company, brand, and product names, and their trademarks, service marks, and logos. These company, brand and product names and trade and service marks are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Service are either the property of, or used with permission by, ABC. American Beverage Company makes no representations about them, their owners, their products, or services.
ABC neither warrants nor represents that your use of materials on the Service will not infringe on the rights of third-parties not affiliated with ABC.
DELIVERY
Customer will purchase Products from ABC as ordered by Customer from time to time. ABC reserves the right to subject all orders to a minimum delivery requirement as determined by Company from time to time per delivery, exclusive of any taxes, fees or surcharges. All orders are subject to the ABC approval. Service may not be available in all areas.
EQUIPMENT
If Customer requests, American Beverage Company will lease to Customer, and Customer will pay ABC lease payments for, the coolers, filtration systems and/or equipment as agreed between ABC and Customer. Customer acknowledges that this is a true lease. If Customer purchases Equipment from ABC, Customer will be responsible for all repair or replacement costs unless otherwise specified in Company’s warranty, if any. Customer will provide any permission necessary for alteration of the equipment such as cutting, drilling or alteration.
USE OF EQUIPMENT AND BOTTLES
ABC will install the Equipment, at Customer’s address provided by Customer to ABC. If Customer’s negligence, abuse, or misuse causes damage requiring repair or replacement, Customer will pay ABC all such costs on demand. The Equipment and multi-gallon bottles (“Bottles”) are, and will at all times be, ABC’s sole and exclusive property, and Customer will have no right, title, or interest except as provided in this Agreement. Customer can purchase the Equipment only if Customer and Company agree. Customer will use the Equipment and all Bottles only for Company’s Products and will not reuse or refill Bottles for any purpose whatsoever. Customer will at all times operate and maintain the Equipment and Bottles in a safe, sanitary, and proper manner in accordance with Company’s instructions and clean and maintain the Equipment periodically and at least once every three months.
Customer (i) will not remove the Equipment from Customer’s location without ABC’s prior written consent, (ii) will not alter the Equipment in any manner, (iii) will permit only ABC to repair the Equipment, (iv) will notify ABC immediately if the Equipment or any Bottles are stolen, lost, damaged or destroyed, and (v) will
keep the Equipment and Bottles free and clear of, and promptly notify the Company of, any levies, liens and encumbrances. ABC may enter Customer’s premises at reasonable times to inspect and repair the Equipment and to deliver or pick up Bottles.
TERM
The Initial Term of this Agreement will start on the earlier of: the date that the Equipment, if any, is installed by ABC; or, for Customers who purchase Products only, on the first date that such Products are delivered to Customer; or on the date when Customer authorizes payment for Products, and will continue for the period set forth on the order form. If no date is set forth on the order form, then the Initial Term shall be for one month from the date of first delivery. Upon expiration of the Initial Term, this Agreement will continue in effect on a month to month basis until terminated by either ABC or Customer on 30 days’ notice. Notwithstanding the foregoing, the Initial Term for ABC Customers is one year from the date of installation. A Customer who terminates this Agreement before the end of the Initial Term may be subject to a one time early termination charge to compensate ABC for, as applicable, the value of equipment and/or free Products or services provided to Customer and administrative, installation, labor and other costs of Customer’s account, as follows: (a) Delivery Customers: up to 10.000 F/CFA; and (b) Fassa Water Customers: up to 75.000 F/CFA; ALL CUSTOMERS: Upon expiration or termination of this Agreement, Customer will permit ABC to retrieve the Equipment and/or Bottles, which will be in the same condition as received by Customer, reasonable wear and tear excepted. If Customer fails to return any Equipment or Bottles, Customer will pay ABC the full replacement value.
PRICES
(a) DELIVERY CUSTOMERS:
Equipment rental fees and prices for bottled water and other beverages and related products will not be increased during the first two months or during the Initial Term of this Agreement, whichever is shorter. Any price increase during the balance of the Initial Term will not exceed ABC’s then current regular non-introductory prices.
(b) ACCUPURE CUSTOMERS: Leased Fassa Water Equipment rental fees will not be increased during the first six months of the Initial Term of this Agreement.
Any rental fee increase during the balance of the Initial Term will not exceed 10.000 F/CFA per month.
(c) ALL CUSTOMERS: Prices for Products and rental fees are subject to change.
CHARGES; SURCHARGES, FEES, DEPOSITS AND REFUNDS
CUSTOMER WILL PAY ALL CHARGES FOR PRODUCTS, EQUIPMENT, AND ALL APPLICABLE SURCHARGES, TAXES AND FEES, INCLUDING, WITHOUT LIMITATION, (A) ALL BOTTLE DEPOSITS UP TO 10.000 F/CFA PER BOTTLE AND/OR ACCOUNT DEPOSITS UP TO 75.000 F/CFA; (B) ANY APPLICABLE DELIVERY FEES OF UP TO 5.000 F/CFA PER DELIVERY; (C) A FEE OF UP TO 2.500 F/CFA FOR EACH PAPER INVOICE IN LIEU OF, OR IN ADDITION TO, AN ELECTRONIC INVOICE; (D) A FEE OF UP TO 4.000 F/CFA PAYABLE IN THE EVENT CUSTOMER CANCELS A SCHEDULED DELIVERY ON LESS THAN 24 HOURS’ PRIOR NOTICE; (E) A FEE OF UP TO 25.000 F/CFA FOR THE RECONDITIONING OF EACH COOLER LEASED BY CUSTOMER AND PAYABLE UPON THE CANCELLATION OF SERVICE; (F) IN THE EVENT CUSTOMER IS IN DEFAULT ON THE PAYMENT OF ANY INVOICE FOR A PERIOD EXCEEDING 60 DAYS, A REINSTATEMENT FEE OF UP TO THE SUM OF (I) THE OUTSTANDING AMOUNT PLUS (II) 25% OF SUCH OUTSTANDING AMOUNT; AND (G) ALL APPLICABLE STATE BOTTLE DEPOSITS AND REDEMPTION VALUE ON ANY FREE AND PURCHASED PRODUCTS UPON CUSTOMER’S RECEIPT OF ABC’S INVOICE.
Customer acknowledges and agrees that, promptly after the delivery of any Products and Equipment, ABC may invoice customer for all delivered Products and Equipment as well as any applicable surcharges, taxes, and fees. Company may change its administrative, surcharges or other charges or deposit fees at any time with prior notice to Customer. If Customer does not pay any charge within thirty (30) days of the invoice date, Customer will pay ABC a late fee not to exceed 5.000 F/CFA per month. If the late fee exceeds the maximum rate allowed by applicable law, the late charge will be equal to such maximum rate. Customer will make all payments due without set-off, counterclaim or defense. Payment of invoice by Customer is an acknowledgment of acceptance and delivery. At ABC’s sole discretion, applicable refunds, if any, may be credited back to the credit card used for payment.
For recurring Deliveries with automatic payment, ABC will charge Customer’s authorized payment method per the billing period described when Customer authorized automatic payment. If Customer’s payment method expires and Customer does not update or change the payment method, Customer shall remain responsible for any uncollected amounts.
RISK OF LOSS
Customer assumes risk of loss or damage to the Equipment and Bottles in Customer’s possession and is responsible for all liability resulting from their
use and operation. Customer will pay ABC upon demand costs to repair or replace any lost, stolen, damaged or destroyed Equipment and/or Bottles, as determined by ABC. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless ABC, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.
DEFAULT BY CUSTOMER; ABC’S REMEDIES
Customer will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition and fails to cure the same within ten (10) days after the occurrence; or (c) abandons or abuses the Equipment or any Bottles.
Upon default, ABC will have the right to exercise any or all of the following cumulative remedies and any other rights or remedies it may have at law or in equity: (i) terminate this Agreement without relieving Customer of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Equipment rental to the end of the term; (iii) subject Customer to a reinstatement fee as described in the section entitled “Charges; surcharges, fees, deposits and refunds;” and/or (iv) repossess the Equipment and Bottles, and Customer hereby waives notice, legal process, or liability for trespass or other damage by Company or its third-party representatives, or, ABC may declare it a total loss, and Customer will pay ABC its replacement value. Customer waives any requirement that ABC post a bond or other undertaking in a repossession proceeding.
Customer will pay or reimburse all of ABC’s costs, including reasonable collection and/or attorneys’ fees, as a result of Customer’s default or the exercise of ABC’s remedies.
MISCELLANEOUS
Customer may not directly or indirectly transfer any of its rights under this Agreement and will not allow any third party to take possession of the Equipment or Bottles without ABC’s prior written consent. ABC reserves the right to change any of the terms of this Agreement at any time for any reason. ABC will notify Customer of such changes by posting an updated Agreement here or by asking Customer to read and accept a new version. Customer’s continued purchase or receipt of Products after an updated Agreement is
posted constitutes acceptance of the modified Agreement. Customer cannot modify this Agreement unless ABC agrees to the change in writing. Failure or delay in exercising any right will not constitute a waiver. Customer grants ABC authority to conduct credit investigations and ABC retains the right to terminate this Agreement at any time based on such information. This Agreement, together with any additional terms, rules, the ABC’s Privacy Policy, and any other regulations, procedures and policies which Company refers to and which are hereby incorporated by reference, contain the entire understanding and agreement between Customer and ABC concerning this Agreement, and transactions involving Products, Bottles, and Equipment and supersedes any and all prior understandings. To the extent that there is a conflict between this Agreement and any additional terms for Products, Bottles, or Equipment, the additional terms shall govern.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and the Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTY
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY.
CUSTOMER ACCEPTS THE EQUIPMENT “AS IS.” NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER’S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, ABC WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to Customer.
DISPUTE RESOLUTION
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND ABC AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO PRODUCTS, EQUIPMENT, BOTTLES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CUSTOMER’S CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN CONNECTICUT. IF CUSTOMER INFORMS ABC THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, ABC WILL WORK WITH CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN CONNECTICUT. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR
THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, AMERICAN BEVERAGE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED THOUSAND FRANC CFA (100.000 F/CFA).
In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
PRODUCTS
While we will use our best efforts to fulfill all customer orders, American Beverage Company Sarl cannot guarantee availability of product. ABC attempts to be as accurate as possible.
The prices of products displayed are quoted in West African CFA franc (XOF) also known in French as the Franc CFA, where CFA stands for Communauté financière d’Afrique (“Financial Community of Africa”) or Communauté Financière Africaine (“African Financial Community”) and are valid and effective only within the CEMAC (“Economic and Monetary Community of Central Africa”). If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will notify you if your order includes items that were incorrectly priced.
All purchases, risk of loss, returns, refunds, and title related to products purchased through the Service are governed by the Terms of Sale.
The Terms of Sale contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you. For further information regarding your product purchases, please read our Terms of Sale carefully.
USER ACCOUNT
You may need to create a user account to access some features of the Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
MISCELLANEOUS TERMS
These Terms and other American Beverage Company documents cited herein constitute the entire agreement between you and ABC and govern your use of the Service, superseding any prior agreements between you and ABC relating to your use of the Service. You will be subject to additional terms and conditions when you purchase products; participate in a sweepstakes, contest, or other promotion; or use or download software. If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of ABC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. By accessing the Service you agree that the statutes and laws of Cameroon without regard to conflicts of laws principles, will apply to all matters relating to use of the Service, and
you agree that any litigation shall be subject to the exclusive jurisdiction of the country. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
AGREEMENT
This Agreement governs your access to and use of any website, mobile website, social media site, software, mobile application, text message services, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein (collectively the “Service”) owned, operated, or provided by American Beverage Company Sarl, or any of its subsidiaries, divisions, and affiliates (“ABC”) to the purchases of bottled water and other beverages and related products (“Products”) and Equipment (as defined below) from American Beverage Company Sarl (ABC).
The information you provide will be treated in accordance with our Privacy Policy, If you do not provide Company all of the requested information, we may not be able to provide you with the requested goods or services.
ABC offers the Service, including all information tools and services available, to you conditioned upon your acceptance of all terms, conditions, polices and notices stated herein or incorporated by reference. Please read these Terms carefully before using the Service.
By visiting or otherwise using the Service in any manner, you acknowledge and accept these Terms without limitation or qualification, that you have read and understood these Terms, and that you agree to be bound by them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Notice which is incorporated herein by reference.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms, and we will post the date last updated in the header of these Terms.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit ABC’s liability to you and require you to indemnify ABC.
Your continued use of the Service affirms your agreement to these Terms. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service, and uninstall any Service downloads and applications.
These Terms are written in the English and French languages. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English or French language versions, the English and French language versions of these Terms shall control.
The Service is controlled and operated in whole or in part by ABC from its offices within Cameroon. ABC makes no representation that the Service is appropriate or available for use in other locations, and access to them from territories where the Service is illegal is prohibited. Those who access the Service from other locations do so at their own risk and are responsible for compliance with applicable local laws.
ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside and that you will abide by all applicable Country, or local laws, and understand that you will be legally bound by these Terms. You also agree to abide by the Privacy Notice, and all future modifications or amendments to same. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Notice, then accessing the Service is strictly prohibited and you must immediately exit the site. The Service is not targeted for use by children under the age of eighteen. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
Your submission of contact information, no matter the type, to the Service constitutes acceptance to receive certain ABC communications. You may opt-out of these communications at any time using the means provided in the communication, as well as by contacting the email address listed below.
AMERICAN BEVERAGE COMPANY ’S RIGHTS
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text,
design, graphics, logos, icons, images, video, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and are owned or controlled by ABC, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by ABC, our licensors or certain other third parties, and is protected by Cameroon and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. ABC’s provision of the Service does not grant you a license to use the Content in any fashion, except as necessary to access and use the Service. No intellectual property rights are licensed or transferred to you through your use of the Service. The Content is not to be resold, decompiled, reverse engineered, disassembled, reproduced, communicated, used, displayed, distributed, transmitted, or converted without the express written permission of ABC. Any unauthorized use of any Content available through the Service may violate copyright, trademark, and other laws.
American Beverage Company owns and uses a number of proprietary logos, service marks, trademarks, slogans and product designations on the Service, including but not limited to: AMERICAN BEVERAGE COMPANY SARL; ABC; DRINK THE DIFFERENCE; OUR TECHNOLOGY, YOUR HEALTH. All rights reserved. Access to the Service does not confer upon you any license to any of ABC’s or any third party’s intellectual property rights. No ABC trademark or service mark may be used, including as a hyperlink, without ABC’s prior written permission.
The Service may also contain references to other company, brand, and product names, and their trademarks, service marks, and logos. These company, brand and product names and trade and service marks are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Service are either the property of, or used with permission by, ABC. American Beverage Company makes no representations about them, their owners, their products, or services.
ABC neither warrants nor represents that your use of materials on the Service will not infringe on the rights of third-parties not affiliated with ABC.
DELIVERY
Customer will purchase Products from ABC as ordered by Customer from time to time. ABC reserves the right to subject all orders to a minimum delivery requirement as determined by Company from time to time per delivery, exclusive of any taxes, fees or surcharges. All orders are subject to the ABC approval. Service may not be available in all areas.
EQUIPMENT
If Customer requests, American Beverage Company will lease to Customer, and Customer will pay ABC lease payments for, the coolers, filtration systems and/or equipment as agreed between ABC and Customer. Customer acknowledges that this is a true lease. If Customer purchases Equipment from ABC, Customer will be responsible for all repair or replacement costs unless otherwise specified in Company’s warranty, if any. Customer will provide any permission necessary for alteration of the equipment such as cutting, drilling or alteration.
USE OF EQUIPMENT AND BOTTLES
ABC will install the Equipment, at Customer’s address provided by Customer to ABC. If Customer’s negligence, abuse, or misuse causes damage requiring repair or replacement, Customer will pay ABC all such costs on demand. The Equipment and multi-gallon bottles (“Bottles”) are, and will at all times be, ABC’s sole and exclusive property, and Customer will have no right, title, or interest except as provided in this Agreement. Customer can purchase the Equipment only if Customer and Company agree. Customer will use the Equipment and all Bottles only for Company’s Products and will not reuse or refill Bottles for any purpose whatsoever. Customer will at all times operate and maintain the Equipment and Bottles in a safe, sanitary, and proper manner in accordance with Company’s instructions and clean and maintain the Equipment periodically and at least once every three months.
Customer (i) will not remove the Equipment from Customer’s location without ABC’s prior written consent, (ii) will not alter the Equipment in any manner, (iii) will permit only ABC to repair the Equipment, (iv) will notify ABC immediately if the Equipment or any Bottles are stolen, lost, damaged or destroyed, and (v) will
keep the Equipment and Bottles free and clear of, and promptly notify the Company of, any levies, liens and encumbrances. ABC may enter Customer’s premises at reasonable times to inspect and repair the Equipment and to deliver or pick up Bottles.
TERM
The Initial Term of this Agreement will start on the earlier of: the date that the Equipment, if any, is installed by ABC; or, for Customers who purchase Products only, on the first date that such Products are delivered to Customer; or on the date when Customer authorizes payment for Products, and will continue for the period set forth on the order form. If no date is set forth on the order form, then the Initial Term shall be for one month from the date of first delivery. Upon expiration of the Initial Term, this Agreement will continue in effect on a month to month basis until terminated by either ABC or Customer on 30 days’ notice. Notwithstanding the foregoing, the Initial Term for ABC Customers is one year from the date of installation. A Customer who terminates this Agreement before the end of the Initial Term may be subject to a one time early termination charge to compensate ABC for, as applicable, the value of equipment and/or free Products or services provided to Customer and administrative, installation, labor and other costs of Customer’s account, as follows: (a) Delivery Customers: up to 10.000 F/CFA; and (b) Fassa Water Customers: up to 75.000 F/CFA; ALL CUSTOMERS: Upon expiration or termination of this Agreement, Customer will permit ABC to retrieve the Equipment and/or Bottles, which will be in the same condition as received by Customer, reasonable wear and tear excepted. If Customer fails to return any Equipment or Bottles, Customer will pay ABC the full replacement value.
PRICES
(a) DELIVERY CUSTOMERS:
Equipment rental fees and prices for bottled water and other beverages and related products will not be increased during the first two months or during the Initial Term of this Agreement, whichever is shorter. Any price increase during the balance of the Initial Term will not exceed ABC’s then current regular non-introductory prices.
(b) ACCUPURE CUSTOMERS: Leased Fassa Water Equipment rental fees will not be increased during the first six months of the Initial Term of this Agreement.
Any rental fee increase during the balance of the Initial Term will not exceed 10.000 F/CFA per month.
(c) ALL CUSTOMERS: Prices for Products and rental fees are subject to change.
CHARGES; SURCHARGES, FEES, DEPOSITS AND REFUNDS
CUSTOMER WILL PAY ALL CHARGES FOR PRODUCTS, EQUIPMENT, AND ALL APPLICABLE SURCHARGES, TAXES AND FEES, INCLUDING, WITHOUT LIMITATION, (A) ALL BOTTLE DEPOSITS UP TO 10.000 F/CFA PER BOTTLE AND/OR ACCOUNT DEPOSITS UP TO 75.000 F/CFA; (B) ANY APPLICABLE DELIVERY FEES OF UP TO 5.000 F/CFA PER DELIVERY; (C) A FEE OF UP TO 2.500 F/CFA FOR EACH PAPER INVOICE IN LIEU OF, OR IN ADDITION TO, AN ELECTRONIC INVOICE; (D) A FEE OF UP TO 4.000 F/CFA PAYABLE IN THE EVENT CUSTOMER CANCELS A SCHEDULED DELIVERY ON LESS THAN 24 HOURS’ PRIOR NOTICE; (E) A FEE OF UP TO 25.000 F/CFA FOR THE RECONDITIONING OF EACH COOLER LEASED BY CUSTOMER AND PAYABLE UPON THE CANCELLATION OF SERVICE; (F) IN THE EVENT CUSTOMER IS IN DEFAULT ON THE PAYMENT OF ANY INVOICE FOR A PERIOD EXCEEDING 60 DAYS, A REINSTATEMENT FEE OF UP TO THE SUM OF (I) THE OUTSTANDING AMOUNT PLUS (II) 25% OF SUCH OUTSTANDING AMOUNT; AND (G) ALL APPLICABLE STATE BOTTLE DEPOSITS AND REDEMPTION VALUE ON ANY FREE AND PURCHASED PRODUCTS UPON CUSTOMER’S RECEIPT OF ABC’S INVOICE.
Customer acknowledges and agrees that, promptly after the delivery of any Products and Equipment, ABC may invoice customer for all delivered Products and Equipment as well as any applicable surcharges, taxes, and fees. Company may change its administrative, surcharges or other charges or deposit fees at any time with prior notice to Customer. If Customer does not pay any charge within thirty (30) days of the invoice date, Customer will pay ABC a late fee not to exceed 5.000 F/CFA per month. If the late fee exceeds the maximum rate allowed by applicable law, the late charge will be equal to such maximum rate. Customer will make all payments due without set-off, counterclaim or defense. Payment of invoice by Customer is an acknowledgment of acceptance and delivery. At ABC’s sole discretion, applicable refunds, if any, may be credited back to the credit card used for payment.
For recurring Deliveries with automatic payment, ABC will charge Customer’s authorized payment method per the billing period described when Customer authorized automatic payment. If Customer’s payment method expires and Customer does not update or change the payment method, Customer shall remain responsible for any uncollected amounts.
RISK OF LOSS
Customer assumes risk of loss or damage to the Equipment and Bottles in Customer’s possession and is responsible for all liability resulting from their
use and operation. Customer will pay ABC upon demand costs to repair or replace any lost, stolen, damaged or destroyed Equipment and/or Bottles, as determined by ABC. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless ABC, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.
DEFAULT BY CUSTOMER; ABC’S REMEDIES
Customer will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition and fails to cure the same within ten (10) days after the occurrence; or (c) abandons or abuses the Equipment or any Bottles.
Upon default, ABC will have the right to exercise any or all of the following cumulative remedies and any other rights or remedies it may have at law or in equity: (i) terminate this Agreement without relieving Customer of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Equipment rental to the end of the term; (iii) subject Customer to a reinstatement fee as described in the section entitled “Charges; surcharges, fees, deposits and refunds;” and/or (iv) repossess the Equipment and Bottles, and Customer hereby waives notice, legal process, or liability for trespass or other damage by Company or its third-party representatives, or, ABC may declare it a total loss, and Customer will pay ABC its replacement value. Customer waives any requirement that ABC post a bond or other undertaking in a repossession proceeding.
Customer will pay or reimburse all of ABC’s costs, including reasonable collection and/or attorneys’ fees, as a result of Customer’s default or the exercise of ABC’s remedies.
MISCELLANEOUS
Customer may not directly or indirectly transfer any of its rights under this Agreement and will not allow any third party to take possession of the Equipment or Bottles without ABC’s prior written consent. ABC reserves the right to change any of the terms of this Agreement at any time for any reason. ABC will notify Customer of such changes by posting an updated Agreement here or by asking Customer to read and accept a new version. Customer’s continued purchase or receipt of Products after an updated Agreement is
posted constitutes acceptance of the modified Agreement. Customer cannot modify this Agreement unless ABC agrees to the change in writing. Failure or delay in exercising any right will not constitute a waiver. Customer grants ABC authority to conduct credit investigations and ABC retains the right to terminate this Agreement at any time based on such information. This Agreement, together with any additional terms, rules, the ABC’s Privacy Policy, and any other regulations, procedures and policies which Company refers to and which are hereby incorporated by reference, contain the entire understanding and agreement between Customer and ABC concerning this Agreement, and transactions involving Products, Bottles, and Equipment and supersedes any and all prior understandings. To the extent that there is a conflict between this Agreement and any additional terms for Products, Bottles, or Equipment, the additional terms shall govern.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and the Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTY
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY.
CUSTOMER ACCEPTS THE EQUIPMENT “AS IS.” NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER’S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, ABC WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to Customer.
DISPUTE RESOLUTION
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND ABC AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO PRODUCTS, EQUIPMENT, BOTTLES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CUSTOMER’S CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN CONNECTICUT. IF CUSTOMER INFORMS ABC THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, ABC WILL WORK WITH CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN CONNECTICUT. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR
THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, AMERICAN BEVERAGE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED THOUSAND FRANC CFA (100.000 F/CFA).
In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
PRODUCTS
While we will use our best efforts to fulfill all customer orders, American Beverage Company Sarl cannot guarantee availability of product. ABC attempts to be as accurate as possible.
The prices of products displayed are quoted in West African CFA franc (XOF) also known in French as the Franc CFA, where CFA stands for Communauté financière d’Afrique (“Financial Community of Africa”) or Communauté Financière Africaine (“African Financial Community”) and are valid and effective only within the CEMAC (“Economic and Monetary Community of Central Africa”). If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will notify you if your order includes items that were incorrectly priced.
All purchases, risk of loss, returns, refunds, and title related to products purchased through the Service are governed by the Terms of Sale.
The Terms of Sale contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you. For further information regarding your product purchases, please read our Terms of Sale carefully.
USER ACCOUNT
You may need to create a user account to access some features of the Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
MISCELLANEOUS TERMS
These Terms and other American Beverage Company documents cited herein constitute the entire agreement between you and ABC and govern your use of the Service, superseding any prior agreements between you and ABC relating to your use of the Service. You will be subject to additional terms and conditions when you purchase products; participate in a sweepstakes, contest, or other promotion; or use or download software. If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of ABC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. By accessing the Service you agree that the statutes and laws of Cameroon without regard to conflicts of laws principles, will apply to all matters relating to use of the Service, and
you agree that any litigation shall be subject to the exclusive jurisdiction of the country. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Last Updated/Effective Date: February 1, 2021
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