1. OVERVIEW

Welcome to the Hemisphere Beverages, LLC (the "Company") Website, www.hemispherebeverages.com (the "Website"). The Company provides this Website and the information and services offered on the Website to you, subject to the following Terms of Use ("TOU"). By using the Website, you agree to be bound by these TOU. The Company may, in its sole discretion, modify these TOU with or without notice to you. Please continue to periodically review these TOU when using the Website. By continuing to access and use the Website after these TOU have been modified, you are agreeing to such modifications. In addition, when using particular services or features on the Website, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU.

2. OWNERSHIP OF CONTENT

The Website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by HEMISPHERE BEVERAGES, LLC or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of HEMISPHERE BEVERAGES, LLC or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner, is strictly prohibited. You are also advised that HEMISPHERE BEVERAGES, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. USE OF OUR WEBSITE

HEMISPHERE BEVERAGES, LLC grants you permission to use our Website as follows:
You may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without written permission from HEMISPHERE BEVERAGES, LLC;
You are prohibited from using the Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
HEMISPHERE BEVERAGES, LLC will fully cooperate with any law enforcement authorities or any court order requesting or directing HEMISPHERE BEVERAGES, LLC to disclose the identity of anyone posting or transmitting any such information or materials; and
You are prohibited from using the Website to advertise or perform any commercial solicitation.

4. PRIVACY OF INFORMATION

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Website by electronic mail or otherwise will be used by HEMISPHERE BEVERAGES, LLC in accordance with the Website's Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

5. DISCLAIMER OF WARRANTIES

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, HEMISPHERE BEVERAGES, LLC neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Website, HEMISPHERE BEVERAGES, LLC assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

6. EXCLUSION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HEMISPHERE BEVERAGES, LLC, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

7. THIRD PARTY WEBSITES

The Site may contain links to sites owned or operated by parties other than HEMISPHERE BEVERAGES, LLC. Such links are provided for your convenience only. HEMISPHERE BEVERAGES, LLC does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, HEMISPHERE BEVERAGES, LLC specifically disclaims any responsibility if such websites:
Infringe any third party's intellectual property rights;
Are inaccurate, incomplete or misleading;
Are not merchantable or fit for a particular purpose;
Do not provide adequate security;
Contain viruses or other items of a destructive nature; or
Are libelous or defamatory.
Neither does HEMISPHERE BEVERAGES, LLC endorse the content, or any products or services available, on such sites. If you establish a link to such websites or the Website, you do so at your own risk and without the permission of HEMISPHERE BEVERAGES, LLC.

8. EXPORT CONTROL INFORMATION

Software and other materials from this Website 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 software from this Website 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 anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

HEMISPHERE BEVERAGES, LLC does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States of America Export Laws.

9. LAW AND JURISDICTION

These Terms of Use and your use of the Site are governed by the laws of the State of North Carolina, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Durham County, North Carolina, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

10. CLAIMS OF COPYRIGHT INFRINGEMENT

The Copyright Act of 1976 and the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send HEMISPHERE BEVERAGES, a notice requesting that the Company remove the material or block access to it. If you believe someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Hemisphere Beverages, LLC
Attn: Legal Department
4819 Emperor Blvd., Suite 400
Durham NC 27703
Phone: 919 313-4591
E-mail: info@hemispherebeverages.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.