Terms of Use

Effective April 24, 2019

THESE TERMS OF USE (“Terms”) GOVERN YOUR USE OF THE COCO FOUNTAIN, LLC ("Coco Fountain") WEBSITE LOCATED AT www.cocovibe.com AND ALL ASSOCIATED SITES OFFERED BY AND/OR LINKED TO www.cocovibe.com BY COCO FOUNTAIN, including without limitation www.cocofountain.com (COLLECTIVELY, THE “Site”). BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

CHANGES

Coco Fountain reserves the right to modify these Terms from time to time on a going-forward basis at its sole discretion. Please check these Terms periodically for changes. Your continued use of the Site following any modifications to these Terms will constitute your agreement to such modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

ELIGIBILITY

By agreeing to these Terms, you represent and warrant to Coco Fountain that: (a) you have not previously been suspended or removed from the Site; (b) your registration and your use of the Site is in compliance with any and all applicable laws and regulations; and (c) you are at least thirteen years of age or older. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

USER ACCOUNTS

Certain features or services offered on or through the Site may require you to register a user account for which you agree to: (a) provide true, accurate and complete information as prompted by the Site's registration forms; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. Without limiting any other matter contained herein, your access to or use of the Site may be suspended or terminated if Coco Fountain reasonably believes any account information is false, inaccurate or incomplete. You are responsible for maintaining the confidentiality of your account information including your password (or other identifying information), and you are solely responsible for all activities that occur under your account as a result of your failure to keep your account information secure. You may not assign or transfer your user account to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without Coco Fountain’s express prior written consent, which may be withheld in Coco Fountain’s sole discretion. You agree to immediately notify Coco Fountain of any unauthorized access to your account, password to other breach of security.

USER CONTENT

Certain features of the Site may permit users to upload content to the Site, including text, code samples, images, photos, sounds, audio, video, or works of authorship (“User Content”) and to publish User Content on the Site. You retain ownership of any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. By submitting, posting or publishing User Content, you grant Coco Fountain a worldwide, non-exclusive, royalty-free, irrevocable, perpetual fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By submitting, posting, publishing or sharing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, and permissions to authorize Coco Fountain to use and distribute your User Content in accordance with the above license; (b) your User Content is accurate, is not fraudulent, misleading, unlawful, inappropriate, or obscene, and does not violate any law or regulation, or constitute false advertising or any other unfair business practice; and (c) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. Coco Fountain is under no obligation to edit or control User Content and expressly disclaims any and all liability in connection with User Content. Coco Fountain may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in Coco Fountain’s sole judgment violates these Terms or is otherwise objectionable. If at any time, Coco Fountain chooses, in its sole discretion, to monitor user content, Coco Fountain nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content If notified by a user or content owner that User Content allegedly does not conform to these Terms, Coco Fountain may investigate the allegation and determine in its sole discretion whether to remove the User Content, which Coco Fountain reserves the right to do at any time and without notice.

USER CONDUCT

You agree that you will only use the Site (including features thereof and products or services offered thereon) for their intended purpose. Further, you warrant and agree that in connection with your use of the Site, you shall not: (a) use the Site, any content or other materials on the Site, or any products or services included on or available through the Site for any unlawful purpose; (b) restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges; (c) impersonate or misrepresent your affiliation with any other person or entity; (d) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Site or any content, graphics, music, sounds, information or other material obtained on, through or derived from the Site for any purpose (whether commercial or private); (e) attempt to reverse engineer or otherwise dismantle any or all of any software and/or other intellectual property maintained or otherwise found on the Site; (f) attempt to gain unauthorized access to the Site or other computer systems through the Site; (g) gather, harvest, “data mine”, collect or store information about the users or content of this Site (other than “bookmarking the Site” as that word is commonly understood), or (h) use the Site for any illegal purpose or in violation of any applicable laws. You understand that the technical processing and transmission of the Site may involve (y) transmissions over various networks; and (z) changes to conform and adapt to technical requirements of connecting networks or devices. Coco Fountain assumes no responsibility for the transmission, deletion or failure to store any information submitted by you.

TERMINATION

Coco Fountain may terminate or suspend your access to the use of the Site, without notice, in the event Coco Fountain believes in its sole discretion that you are in violation of any of these Terms. You may terminate your account, if any, at any time by contacting support@cocovibe.com. Additionally, Coco Fountain reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. Coco Fountain will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.

PRIVACY

Your use of the Site is subject to the terms of the Coco Fountain Privacy Policy (“Privacy Policy”), which is located on a link on the Site and is hereby incorporated by reference and made part of these Terms. Please review the Privacy Policy to understand how Coco Fountain collects and uses information.

LINKS

As a convenience, the Site may contain links to: (a) subsites or portals within the Site which implement additional or separate terms/policies, and your use of such subsites or portals shall be subject to the terms specified therein; and (b) other websites owned or controlled by third parties which may be of interest to you. Coco Fountain does not endorse any such third party linked website, nor shall Coco Fountain be responsible for the availability of or the content contained on or through any such linked website. You voluntarily assume any and all risks associated with your use of any third party linked websites.

SECURITY

You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and Coco Fountain cannot and does not guarantee that any information you submit to Coco Fountain will be free from unauthorized third-party intrusion. You agree that any information you submit via the Site is done at your sole risk. Please review the Privacy Policy to better understand how Coco Fountain protects your personal information you submit.

SITE CONTENTS

All content on the Site is the property of Coco Fountain and is protected by United States Copyright, Trademark and other international laws. All marks indicated as registered on the Site are registered Coco Fountain trademarks. You may not use any of the marks appearing on the Site in connection with any product or service without Coco Fountain’s prior written approval.

PURCHASES

Coco Fountain may offer products for sale via the Site, and additional terms and conditions, such as sales terms or limited warranties, may apply to such products. You agree to be bound by any such additional terms and conditions where applicable. If there is a conflict between these terms and the terms and conditions applicable to a product, the terms applicable to the particular product control. Coco Fountain’s obligations with respect to products offered on the Site are governed solely by these Terms and any additional terms governing the applicable product offered.

SITE ERRORS

Coco Fountain does not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary from those offered elsewhere.

FEEDBACK

Any feedback, comments, suggestions or ideas (“Feedback”) you submit to us through or in conjunction with this Site is non-confidential and you hereby grant to Coco Fountain an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner, including to improve the Site and create or improve Coco Fountain products and services.

CAPACITY

You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.

DOWNLOADING

You may only download those materials from the Site that are expressly designated to be downloaded by users. You agree not to use technical or other means to circumvent these Terms or any content-protection technology used on the Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.

CONFIDENTIAL INFORMATION

You may be given access to Coco Fountain confidential information through the Site or links from the Site. You may not disclose Coco Fountain confidential information to any third party without the written consent of Coco Fountain. You must protect Coco Fountain confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Coco Fountain confidential information includes, but is not limited to, all nonpublic information regarding Coco Fountain, its intellectual property or its customers, products, quantity and prices of products purchased, design and development data, formula details, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Coco Fountain. You may have entered into separate nondisclosure agreements with Coco Fountain governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.

DISCLAIMER OF WARRANTIES IN CONNECTION WITH USE OF THE SITE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENTS AND SERVICES THEREON ARE PROVIDED ON AN "AS IS" AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COCO FOUNTAIN ENTITIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCO FOUNTAIN DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SITE IS ERROR FREE; (ii) FUNCTIONS OR FEATURES ON THE SITE WILL BE UNINTERRUPTED OR SECURE; OR (iii) THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COCO FOUNTAIN ENTITIES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE COCO FOUNTAIN ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, INCLUDING WITHOUT LIMITATION ANY USER CONTENT YOU ACCESS THROUGH THE SITE. YOUR SOLE REMEDY AGAINST COCO FOUNTAIN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, (a) THE COCO FOUNTAIN ENTITIES DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COCO FOUNTAIN IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND (b) THE ABOVE DISCLAIMERS DO NOT DISCLAIM OR OTHERWISE LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF A PRODUCT UNDER ANY APPLICABLE COCO FOUNTAIN LIMITED PRODUCT WARRANTY.

LIMITATION OF LIABILITY IN CONNECTION WITH USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COCO FOUNTAIN, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “COCO FOUNTAIN ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOSS OF BUSINESS, DATA OR SALES, EVEN IF COCO FOUNTAIN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COCO FOUNTAIN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $20 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABLITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FOR PURPOSES OF CLARITY, THE ABOVE LIMITATIONS OF LIABILITY DO NOT LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF A PRODUCT UNDER ANY APPLICABLE COCO FOUNTAIN LIMITED PRODUCT WARRANTY.

INDEMNIFICATION IN CONNECTION WITH USE OF THE SITE

To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold Coco Fountain, and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of your use of or access to the Site in violation of these Terms. You agree to cooperate with Coco Fountain’s defense of the foregoing.

GOVERNING LAW AND VENUE IN CONNECTION WITH USE OF THE SITE

To the fullest extent permitted by applicable law, these Terms will be construed according to the substantive law, but not the choice of law rules, of the State of New Jersey and of applicable federal law of the United States. If any dispute arises under this Agreement, then unless otherwise required by applicable law, the venue for such dispute will be in the New Jersey Superior Courts and the Federal District Courts for New Jersey, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.

CONSENT TO ELECTRONIC COMMUNICATION

By using the Site, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that Coco Fountain sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

GENERAL

This Site is operated and controlled from offices and location(s) in the United States of America. Coco Fountain does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. In any dispute between Coco Fountain and you, Coco Fountain shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you. You acknowledge that you have read these Terms and understand them and agree to be bound by all the terms and conditions herein. No waiver by Coco Fountain of any term or condition set forth in these Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coco Fountain to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. This is the entire agreement between you and Coco Fountain relating to the use of this Site.