Welcome to the Evil Energy website, located at http://www.evilenergy.com (the “Site”) and operated by Evil Energy, LLC, (“Evil Energy”).
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND EVIL ENERGY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT. BY CLICKING ON THE “YES, I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Evil Energy” and our logos and other marks are either trademarks or registered trademarks of Evil Energy (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Evil Energy's ownership of the Site and the content therein or the validity or enforceability of Evil Energy's rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Evil Energy or any third party.
Copyright Policy. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Evil Energy, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Evil Energy's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Evil Energy, Attn: Legal Department, 411 Saint Louis Street, Edwardsville IL 62025.
Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.
Securities Laws. This Site may contain statements, estimates or projections that constitute “forward looking statements” as defined under U.S. Federal Securities laws. Generally, the words “believe, expect, intend, estimate, anticipate, project, will” and similar expressions identify forward looking statements, which generally are not historical in nature. Forward looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Evil Energy's historical experience and Evil Energy's present expectations or projections. These risks include, but are not limited to, Evil Energy's ability to finance expansion plans, share repurchase programs and general operating activities; changes in the non-alcoholic beverage business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; interest rate and currency fluctuations; changes in economic and political conditions; Evil Energy's ability to penetrate and develop new markets, the effectiveness of Evil Energy's advertising, marketing and promotional programs; litigation uncertainties; adverse weather conditions; inability to achieve volume growth through product and packaging initiatives; changes in the cost and availability of raw materials and the ability to maintain favorable supply arrangements and relationships and procure timely and/or adequate production of all or any products; the marketing efforts of distributors of Evil Energy's products, most of which distribute products which are competitive to Evil Energy; unilateral decisions by stores or other customers to discontinue carrying all or any of Evil Energy's products that they are carrying at any time; changes in product category consumption; possible recalls of Evil Energy's products; and other risks discussed in the Evil Energy, LLC's filings with the Securities & Exchange Commission (“SEC”), including the Evil Energy, LLC's annual report on Form 10K, which filings are available from the SEC. The aforegoing list of important factors is not exhaustive. You should not place undue reliance on forward looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise any forward looking statements and expressly disclaim any duty to do so.
International Users. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us. Remedies. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
Disclaimer. THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, EVIL ENERGY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EVIL ENERGY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVIL ENERGY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
EVIL ENERGY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. EVIL ENERGY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVIL ENERGY AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO EVIL ENERGY IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
Indemnity. You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement;.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Madison County, Illinois, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Madison County, Illinois. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding this Agreement, please contact us:
Evil Energy, LLC
Attn: Consumer Relations
411 Saint Louis Street
Edwardsville, IL 62025
EFFECTIVE DATE: January 1, 2016