Terms of service - Big D NRG

Effective Date: 27.09.2024

These terms of use (“Terms”) constitute a legal contract between you and BIG D ENERGY DRINK LLC (“BIG D ENERGY DRINK” or “we,” “us,” or “our”) and govern all aspects of your use of the website, http://bigdenergydrink.com/ (“Site”). Please read these Terms carefully. By accessing or using any of the information, materials, or functions available on the Site, you acknowledge and agree that you consent to the Terms. If you do not agree to be bound by the Terms, please exit the Site now. THIS IS A LEGALLY ENFORCEABLE CONTRACT.

Please be aware that we may change or replace the Terms from time to time, at our sole discretion. If we make changes to the Terms, we will notify you by posting those changes to the Site. Any modifications to the Terms will go into effect upon being posted to the Site. Your continued use of the Site after we post any changes to the Terms constitutes your consent to the updated Terms.

ELIGIBILITY

The Site is not intended for use by anyone under 13 years of age or by any person or entity in any jurisdiction or country where such use would be contrary to local laws or regulations. BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD.

PRIVACY

BIG D ENERGY DRINK has made a commitment to protecting the privacy of those who access and use the Site. BIG D ENERGY DRINK’s Privacy Policy (as we may amend from time to time, the “Privacy Policy”) is incorporated by reference in these Terms, and by using the Site, you are consenting to the Privacy Policy.

USER AND ACCOUNTHOLDER RESPONSIBILITIES

Some areas of the Site and some services are accessible only to registered users and accountholders. In order to access those areas of the Site, you will need to register, which includes providing us with your access credentials, such as an email address and password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.

You are solely responsible for (i) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (ii) not allowing another person to use your access credentials; and (iii) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. BIG D ENERGY DRINK is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Site or services using your access credentials. You must immediately notify BIG D ENERGY DRINK if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

YOUR LICENSE

Subject to the Terms, BIG D ENERGY DRINK grants you a non-exclusive, non-transferable, limited, and revocable right and license to access the Site for your personal use only (“Your License”). BIG D ENERGY DRINK reserves the right, in its sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of the Site that BIG D ENERGY DRINK reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other BIG D ENERGY DRINK policies.

BIG D ENERGY DRINK PRODUCTS AND PRICING

Certain products may be available exclusively online on the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any deficiencies with the products will be corrected.

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our products.

ONLINE PURCHASES

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

INTELLECTUAL PROPERTY

The Site and any content, materials downloaded, and intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by BIG D ENERGY DRINK or third parties; all rights, title, and interest therein shall remain the property of BIG D ENERGY DRINK and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. All remarks, suggestions, ideas, content, or other feedback communicated to BIG D ENERGY DRINK through or in connection with the Site and any modifications or derivatives thereof, and all rights in or related to the foregoing, shall forever be the exclusive property of BIG D ENERGY DRINK, without any compensation or other obligation to the person submitting such content.

All content contained on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and any compilations of the foregoing, are the property of BIG D ENERGY DRINK or its suppliers and protected by United States and international copyright laws. You are authorized solely to view and retain a copy of pages related to the Site, as well as relevant documents, images, or other materials on the Site for your own personal use. You agree that any copy made must include BIG D ENERGY DRINK’s copyright notice. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion thereof, for any public or commercial use, without the express written consent of BIG D ENERGY DRINK. Additionally, you agree that you (a) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (b) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to use the Site for its intended purposes.

COPYRIGHT INFRINGEMENT

BIG D ENERGY DRINK’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want BIG D ENERGY DRINK to delete, edit, or disable the material in question, you must provide BIG D ENERGY DRINK with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BIG D ENERGY DRINK to locate the material; (d) information reasonably sufficient to permit BIG D ENERGY DRINK to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to BIG D ENERGY DRINK’s designated agent at [email protected].

USE OF INFORMATION AND MATERIALS

The content, information, and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site is strictly prohibited. You may not use the Site in a manner that:

(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

(b) is unlawful, fraudulent, or deceptive;

(d) uses or launches any technology, including without limitation, “robots,” “spiders,” or “offline readers,” or other means to attempt to access content, networks, user accounts, or BIG D ENERGY DRINK’s systems in a manner that is not authorized by BIG D ENERGY DRINK;

(e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(f) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(g) violates the Terms or applicable third-party terms; or

(h) BIG D ENERGY DRINK, in its sole discretion, determines to be a violation of the Terms or other BIG D ENERGY DRINK policies or to be otherwise unacceptable.

THIRD-PARTY WEBSITES

The Site may contain links to other websites not operated or controlled by BIG D ENERGY DRINK (“Third-Party Websites”). The Terms and Privacy Policy do not apply to Third-Party Websites as BIG D ENERGY DRINK has no control of such sites. Please review the terms of use and privacy policy for any Third-Party Website that you may visit through a link on the Site. Such Third-Party Websites may have terms of use and/or privacy policies that differ from those of BIG D ENERGY DRINK, and the Third-Party Website may provide less security than the Site. Such Third-Party Websites are only for your convenience and therefore you access them at your own risk.

By creating a link to a Third-Party Website, BIG D ENERGY DRINK neither endorses nor recommends any products or services offered or information contained on the Third-Party Website. BIG D ENERGY DRINK disclaims liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites linked to on the Site. BIG D ENERGY DRINK also disclaims liability for any failure of any products or services offered or advertised on such Third-Party Websites.

NO WARRANTY

THE SITE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY BIG D ENERGY DRINK OR BY THIRD PARTIES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BIG D ENERGY DRINK DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE, CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY BIG D ENERGY DRINK OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK AND THAT BIG D ENERGY DRINK CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.

The parties acknowledge that the limitations set forth in this Section are an essential element of these Terms between the parties, and the parties would not have entered into these Terms without such limitations. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms will remain in effect to the fullest extent permitted by law.

LIMITATION OF LIABILITY

IN NO EVENT WILL BIG D ENERGY DRINK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF BIG D ENERGY DRINK OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIG D ENERGY DRINK UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $500.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BIG D ENERGY DRINK, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of these Terms (including negligent or wrongful conduct) by you; (b) your use of the Site; or (c) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

SUBMISSIONS

Unless otherwise indicated, any content submitted to BIG D ENERGY DRINK via the Site shall be deemed and remain the property of BIG D ENERGY DRINK. BIG D ENERGY DRINK shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to BIG D ENERGY DRINK through the Site or in conjunction with its services. BIG D ENERGY DRINK shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by BIG D ENERGY DRINK, or as otherwise specifically required by law.

SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS

At times you may experience difficulty accessing the Site or communicating with BIG D ENERGY DRINK through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or BIG D ENERGY DRINK’s, can experience unanticipated outages or slowdowns or have capacity limitations. BIG D ENERGY DRINK makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.

PROTECTING YOUR DEVICES

BIG D ENERGY DRINK makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. BIG D ENERGY DRINK is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

GOVERNING LAW AND DISPUTES

The Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The U.S. District Court for the District of Wyoming has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Site, Terms, or any other BIG D ENERGY DRINK policies or terms and conditions; provided, however, BIG D ENERGY DRINK may, without limiting any of its rights or remedies (whether under these Terms, at law, in equity or otherwise), seek injunctive relief and other equitable remedies at any time in any court of competent jurisdiction for any actual or threatened breach of these Terms relating to its intellectual property rights. You acknowledge that your breach of any of the provisions related to BIG D ENERGY DRINK’s intellectual property rights may cause irreparable injury to BIG D ENERGY DRINK for which monetary damages are not an adequate remedy. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or within the shortest limit permitted under applicable law, or such claim or cause of action shall be forever barred.

EXPORT CONTROL

Materials downloaded or otherwise made available from the 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 materials from the 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 to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

BIG D ENERGY DRINK does not authorize the downloading or exportation of any materials or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.

SEVERABILITY/NO WAIVER

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. BIG D ENERGY DRINK’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

ASSIGNMENT

You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of BIG D ENERGY DRINK. BIG D ENERGY DRINK may assign its rights and duties under these Terms to any third party at any time without notice to you. Any purported assignment in contravention of this Section shall be null and void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

RECURRING TEXT MESSAGE PROGRAM

By opting-in to the program described herein (the “Program”), you agree to these BIG D ENERGY DRINK Recurring Text Message Program Terms and Conditions (“Terms and Conditions”) and Privacy Policy.

Program Description: BIG D ENERGY DRINK administers the Program and provides periodic text message updates to consumers with information about promotions, back-in-stock alerts, marketing messages, and other general information (“Alerts”). Messages are sent weekly.

How to Opt-In: You may opt-in to the Program by visiting bigdenergydrink.com, providing your cellular telephone number in the space provided, opting-in to Alerts, and agreeing to terms presented on the website (including these Terms and Conditions).

How to Opt-Out: You may text “STOP” to BIG D ENERGY DRINK to opt-out of receiving future Alerts. You may also opt-out by texting “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE.” Your opt-out will apply to all Alerts, but not to any other consent you might have otherwise provided directly or indirectly to BIG D ENERGY DRINK. Once you opt-out, we will send a single confirmation opt-out text message and will then cease sending you SMS Alerts from BIG D ENERGY DRINK unless you opt-in again.

Support/Help: In case of questions, email [email protected]. You may also text “HELP” to receive a text message with BIG D ENERGY DRINK’s name and an email address to which you may direct questions.

Supported Carriers: Supported carriers may change from time to time, but currently include most U.S.-based carriers. If you have any questions about whether your carrier supports the Program, email us at [email protected].

Delivery: We do not guarantee that you will receive any Alerts under the Program. Circumstances beyond our control, including network issues, may result in you not receiving our Alert. Your carrier and BIG D ENERGY DRINK are not liable for delayed or undelivered Alerts.

Eligibility: The Program is intended for use by U.S. residents who are at least 18 years of age.

Changes to Terms and Conditions: We may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Site. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes.

Program Termination: We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice.

Message and data rates may apply.

Last updated: 27.09.2024

CONTACT US

Should you have any questions about the Terms, please contact us at [email protected].