Red Tree Beverages Terms Of Service

Effective Date: April 28, 2024

Welcome to the Red Tree Beverage Terms of Service (“Terms”).  

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN RED TREE BEVERAGES, A WHOLLY OWNED SUBSIDIARY OF THE COCA-COLA COMPANY (RED TREE), THE COCA-COLA COMPANY (COCA-COLA) (RED TREE AND/OR COCA-COLA AS APPLICABLE, RTB OR WE) AND YOU.  

THESE TERMS AFFECT HOW YOUR DISPUTES WITH RTB ARE RESOLVED.     

 

1. INTRODUCTION

These Terms set forth the terms and conditions that apply to access and use of RTB’s websites (Sites), mobile applications (Apps), widgets and other online and offline services that we operate (together, the Services).  

The provider of the Services is Red Tree Beverages, LLC: 999 Peachtree Rd NE Suite 348, Atlanta, Georgia 30309.

These Terms apply whether you are a registered user or just browsing.

YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.   If you do not agree to these Terms, then please do not use the Services.

Please also review the Red Tree Beverages Consumer Privacy Policy (or any other privacy policy or notice made available to you) to learn how RTB handles personal information that we collect from or about users.  

 

2. INTENDED FOR INDIVIDUALS OF LEGAL DRINKING AGE ONLY

RTB is committed to marketing its products responsibly and lawfully. We do not knowingly collect personal information from persons under the legal drinking age, and in no instance under the age of 18 years of age. If you are under the legal drinking age and have utilized any Service by providing a false date of birth, you must immediately leave the platform. Under no circumstances may you use a Service or submit personal information to us if you are under the legal drinking age, and in no instance under the age of 18 years old. The Services, not any content contained therein, should be forwarded or shared with anyone under the legal drinking age.

Coca‑Cola is a proud Associate Member of the International Alliance for Responsible Drinking and an Associate Member of Responsibility.org.

IF YOU ELECT TO CONSUME ALCOHOL PRODUCTS, PLEASE CONSUME RESPONSIBLY.

 

3. WHEN DO THESE TERMS APPLY?

These Terms are effective for new users on the Effective Date set forth above.  For anyone using the Services prior to the Effective Date above, the prior versions of the Terms apply until ten (10) days after the Effective Date.  

WHEN YOU CREATE AN ACCOUNT, ACCESS, AND USE THE SERVICES OR WHENEVER YOU AGREE TO THEM, YOU REPRESENT TO RTB THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS.

To use our Services, you must be at least the age of legal drinking age in your place of residence and otherwise legally able to enter into a binding contract with RTB.  If you are not eligible to use the Services or do not agree to these Terms, you are not authorized to use the Services.

 

4. WHERE DO THESE TERMS APPLY?  

These Terms apply to the Services in or to which these Terms are linked or posted.

Different terms and conditions apply for the online services for employees, job applicants and RTB’s business customers and partners and for parts of RTB’s corporate webpages.  Different terms also apply to third-party services linked to or related to the Services (e.g., Whats App). See Section 12 below.

Additional terms may apply to certain features of the Services, such as Apps, promotions, terms of sale or use of text messaging services (“Additional Terms”).  All Additional Terms are part of (and incorporated by this reference into) these Terms.  When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply.  These Terms and the Additional Terms apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control but solely to the extent of the inconsistency.  

 

Text Messaging Services

Some of the Services offer text messaging (SMS or MMS) services.  Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us.  You may exit the text messaging services by sending the word STOP to the specific mobile code associated with the Services. MESSAGE AND DATA RATES MAY APPLY. All charges are billed by and payable to your wireless service provider.  Please contact your wireless service provider for pricing plans and details.  Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT RTB USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR GOODS OR SERVICES.

 

5. WILL RTB CHANGE THE SERVICES?

RTB continually works to improve the Services.  RTB may introduce new features and functionality that enhance the Services and were not previously part of the Services (“New Features”).  RTB also may from time to may introduce updates, error corrections and other changes to the Services that enhance the functionality if user experience (“Updates”).  RTB reserves the right to add or not add New Features or the right to make or not make Updates.   If New Features involve fees, RTB will provide you with a choice about whether to use the New Features.  If RTB makes Updates, you agree and authorize RTB to implement Updates with or without notice to you.  

RTB may make New Feature available solely for you to try before they are generally available to the public.  When New Features are available for you to try before others have access to them, we refer to the New Features as “Trial Services”.  In consideration of your right to access Trial Services, you agree to provide feedback about the Trial Services as reasonably requested by RTB.  RTB reserves the right to modify Trial Services without notice until Trial Services are deemed part of the Services and to decide not to make Trial Services part of the Services.  

NOTWITHSTANDING THE OTHER SECTIONS OF THESE TERMS ABOUT OUR LIABILITY TO YOU, TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND THE RTB PARTIES (AS DEFINED IN SECTION 13) SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM YOUR CHOICE TO USE TRIAL SERVICES.  IF ANY EXCLUSION OF LIABILITY WITH RESPECT TO THE TRIAL SERVICES IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THE SOLE LIABILITY OF THE RTB PARTIES WITH RESPECT TO THE TRIAL SERVICES IS YOUR DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU FOR THE TRIAL SERVICES.

Nothing in this Section 4 limits RTB’s right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you.  We do our best to make sure that the Services are fully operational at all times, but RTB is not liable to you if for any reason the Services are unavailable.  

 

6. WILL RTB CHANGE THESE TERMS?

The Effective Date of these Terms is set forth at the top of this webpage.  

RTB may need to modify these Terms to reflect Updates or New Features or changes to applicable law.  If RTB makes material modifications to these Terms that reduce legal rights, we will post notifications in the Services and notify users by email using the email addresses in their accounts at least thirty (30) days in advance.  If you do not agree to the Terms as modified, then you must cancel your account and stop using the Services before the end of the notice period.  Continued use of the Services after the end of the notice period specified in the notification is deemed acceptance of the Terms as modified.

We will not make changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.  

The modified Terms supersede all previous versions of our agreements, notices, or statements of or about these Terms.  

 

7. IS AN ACCOUNT REQUIRED?

You do not need to create an account to browse RTB’s public websites, but you may need an account to take full advantage of the Services, such as to receive access to offers and other promotions or to use “member-only” parts of the Services.  

To create an account, you will need to provide at least your email address. RTB also may require that you provide your date of birth and place of residence as needed to verify that you are legally able to enter into a binding contract with RTB or require your parent’s or legal guardian's agreement to these Terms on your behalf.  

RTB also may ask you to provide additional information, such as your name, telephone number, preferences, opinions, and other details about yourself that you choose to share as part of the account creation process.  To learn more about how we process the personal information that we collect from you when you create an account, please see the RTB Consumer Privacy Policy (or any other privacy policy or notice to which you agreed when you created your account).

In accordance with our Responsible Alcohol Marketing Policy, RTB does not direct marketing for our products to individuals who are under the legal drinking age, and in no instance to those under 18 years of age.  If you become aware that an individual under the legal drinking age has provided us with personal information or other than as allowed by applicable law, please contact our Privacy Office at privacy@coca-cola.com. Once we become aware, we will take steps to remove the individual’s personal information as required by applicable law.

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of RTB’s eligibility verification processes.  RTB reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms.  You may not create an account if you were previously suspended or terminated from using the Services.  

 

You promise that any information that you submit to RTB is true, accurate and complete and you agree to keep it that way at all times.  

If you are asked to choose a password when creating an account, your password is personal to you.  You agree not to provide any other person with your password, other security information or access to the Services.  Please use particular caution when accessing your account from a public or shared computer or sharing your device so that others are not able to view or record your password or other personal information.  You are responsible for all activities that occur using your password.

You agree to notify us immediately at info@levecke.net if you detect or suspect unauthorized access to or use of your password, account or other breach of security.

 

8. DOES RTB CHARGE FOR THE SERVICES?

The Services generally are free.  If payment for certain features of the Services ever is required, RTB will provide you with a choice about whether to use the paid features.

Certain Services allow you to purchase RTB’s products.  Purchases will be governed by separate terms of sale presented to you at the time of purchase – please read them carefully. 

You are solely responsible for all charges, fees and other costs related to use of the Services, including the equipment and internet connection or mobile telephone service necessary to access and use the Services.  If you access and use the Services on your mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.

 

9. WHO OWNS THE SERVICES?

As between RTB and you, RTB and its third-party licensors are and will remain the sole and exclusive owners of all right, title and interest in and to the Services, including all content available through the Services and its design, selection and arrangement and all intellectual property rights therein (Services Content).   That is, RTB owns the Services and owns or has a license for the Services Content and you own all of your User Content, as described below.

The Services Content includes the RTB name and all related names, logos, product and service names, designs and slogans (RTB Marks) owned or licensed by Red Tree.  You must not use the RTB Marks without RTB’s prior written permission.  All other names, logos, product and service names, designs, slogans, taglines or bylines of RTB or of third parties that appear on or in the Services are the trademarks of their respective owners.  

You have no right, license or authorization with respect to Services Content except as expressly set forth in these Terms.  The Services are protected by international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.  For clarity, you agree not to (and not to permit any third party to):

• Remove any copyright, trademark or other proprietary rights notice contained in the Services.
• Create and/or publish your own database that features parts of the Services without RTB’s express prior written consent.
• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services Content except as expressly authorized in these Terms.
• Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.
• Otherwise violate or infringe the proprietary rights of RTB or its third-party licensors in and to the Services Content at any time.

 

You own your User Content but give RTB the right to use it.

The Services may contain forums and other interactive features that allow you and other users to post, submit, publish, display or transmit content or materials (collectively, User Content).  You own the User Content that you create unless the terms and conditions applicable to your submission of User Content state otherwise.

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy and appropriateness.

Whether you submit User Content through the Services or RTB’s social media pages, you grant RTB (including our suppliers that help us operate the Services and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and license (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, perform, translate, distribute and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law (User Content License).  No moral rights are transferred by the User Content License that you grant to RTB in these Terms. If you do not wish to grant RTB a User Content License, please do not submit user content.

 

When you provide User Content, you represent and warrant to RTB that:

• You own or control all rights in and to your User Content and have the right to grant the rights and license granted to RTB above in these Terms.
• Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights.
• Your User Content is true and accurate. 
• All of your User Content complies with these Terms and all applicable laws, rules, and regulations.

 

Your User Content must comply with all of the following rules:

• User Content must not promote drinking and driving or irresponsible consumption of alcohol; disparage competitive products; or be lewd or indecent. 
• User Content must not depict consumption by anyone under the legal drinking age or appeal primarily to those under the legal drinking age. 
• User Content must not depict any individual consuming alcohol while engaging in a dangerous activity or an activity that requires skill. This includes but is not limited to driving and motorsports. 
• User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• User Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity or age.
• User Content must not deceive or intend to deceive any person.
• User Content must not promote any illegal activity or advocate, promote or assist any unlawful act.
• User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by RTB or by any other person or entity if this is not the case.

 

If you believe that User Content violates these Terms, please notify us at info@levecke.net , including a description of the specific User Content and its location in the Services or RTB’s social media presence.  To the extent permitted by law, you agree to indemnify RTB for all claims brought by a third party against RTB arising out of or in connection with your User Content.

In addition to User Content, you may from time to time choose to provide RTB with ideas, suggestions or other feedback about the Services (Feedback).  You own your Feedback but, by providing it to RTB, you agree and hereby grant to RTB a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of and otherwise exploit in any manner all of your Feedback.  You also acknowledge and agree that RTB may use Feedback in the Services as long as you are not directly identified without your prior written permission.  All of your Feedback is considered non-confidential and non-proprietary.

 

 

10. WHAT ARE PERMITTED USES OF THE SERVICES?

Subject to your compliance with these Terms, RTB grants you, solely for your non-commercial use, a personal, limited, non-exclusive, non-transferable, revocable, and limited right to access and use the Services and to download one (1) copy of each App.

You must use the Services for lawful, personal and non-commercial purposes only and not for any fraudulent purpose or in connection with any unlawful activity.  Without limiting the foregoing, you must not and you agree not to, attempt to or encourage or allow any third party to:

• Gain (or attempt to gain) unauthorized access to the Services or RTB’s computer systems or networks through hacking, password mining or other means or to violate the security of any computer or security network.
• Use the Services in any manner that you know or should know could damage, disable, overburden or impair RTB’s servers or networks.
• Discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Services.
• Use the Services on behalf of anyone other than yourself.
• Copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services.
• Remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party.
• Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services. 
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason.
• Reformat or frame any portion of the web pages that are part of the Services, including with the intention of reselling or distributing products. 
• Use the Services to send any unauthorized or unsolicited commercial or promotional content.

 

RTB reserves the right to monitor and record activity on the Services to the fullest extent permitted by applicable law and in accordance with the RTB Privacy Policy (or any other privacy policy or notice provided to you).  

RTB has the discretion to terminate your access to the Services (in addition to any other available remedy) without notice if RTB has a reasonable basis to believe that you are using the Services in violation of these Terms.

 

 

11. DO ANY TERMS APPLY SPECIFICALLY TO USING THE APPS?

Except as expressly stated in this Section 10, these Terms apply to your download and use of our Apps.  

Unlike a website, a mobile application is software that is downloaded to and installed on your mobile device.  Even though it is downloaded to your mobile device, the Apps are licensed – it is not sold to you.  You do not acquire any ownership interest in the Apps or any other right other than to use the Apps in accordance with and subject to these Terms.  

You may download a single copy of an App to a mobile device owned or otherwise controlled by you solely for your own personal, non-commercial use.  To provide you with certain functionalities, certain of the Apps must access various functions and data on your mobile device.  For more information about how personal information is handled by the Apps, please review the RTB Privacy Policy (or other privacy policy or notice made available to you when you downloaded an App).

The Apps and the rest of the Services may not have the exact same content.

We may from time to time develop and provide Updates (as defined in Section 4) to an App.  Based on your mobile device settings, when your mobile device is connected to the Internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates.  You agree to download and install all Updates and acknowledge and agree that an App may not properly operate if you do not.  All Updates to an App are deemed part of the App and the Services and subject to these Terms.

RTB reserves and retains the entire right, title and interest in and to the Apps, including all RTB Marks (defined in Section 8) and, as between RTB and you, all other copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

When you download any of the Apps from Apple's App Store or Google Play (each, an App Platform), you acknowledge and agree that:

• As between RTB and the App Platform, RTB is solely responsible for the Apps.
• The App Platform has no obligation to provide any maintenance and support services with respect to the App.
• If our App fails to conform to any applicable warranty: (i) you may notify the App Platform and the App Platform may refund the purchase price for an App (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Apps, and (iii) other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between RTB and the App Platform, RTB’s responsibility.
• The App Platform is not responsible for addressing any claim you have relating to the Apps or your possession and use of the Apps.
• If a third party claims that an App infringes another party's intellectual property rights, as between the App Platform and RTB, RTB is responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• The App Platform and its subsidiaries are third-party beneficiaries of the applicable terms of use as they relate to your license to use an App. Upon your acceptance of the terms and conditions of our terms of use, the App Platform will have the right (and will be deemed to have accepted the right) to enforce the terms of use as related to your license of an App against you as a third-party beneficiary thereof.
• You must also comply with all third-party terms applicable through the App Platform when using an App.

To learn more about the specific data collected by any of the Apps, please check your mobile device settings or review the disclosures on the App Platform from which you downloaded the App.  To stop the collection of all data through an App, please uninstall it.

You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

12. WHEN DO THESE TERMS TAKE EFFECT?  WHEN DO THEY TERMINATE?

These Terms are effective when you acknowledge them as part of creating an account, downloading an App or using any of the Services in which these Terms are linked (subject to the exception noted in Section 2).  These Terms are in effect until terminated by you or RTB.  

You may stop using the Services at any time and for any reason.  If you want to delete your account, please contact RTB using the contact information provided in Section 15 and/or uninstall any or all of the Apps.  

If you want to correct or delete the personal information associated with your account, please see the “Your Choices” section of the RTB Consumer Privacy Policy (or other privacy policy or notice provided or made available to you).

RTB may terminate your account immediately and automatically without any notice if you violate any law applicable to use of the Services.  RTB reserves the right to terminate an account and access to the Services with or without notice if RTB has a reasonable basis to believe that a user is accessing or using the Services in violation of these Terms.

RTB may suspend your access to the Services, cancel your account or terminate these Terms at any time without notice if we detect or suspect a breach of security or if RTB ceases to offer or support any of the Services, which RTB may do in its sole discretion.

We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important user Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of RTB.

When these Terms terminate, the rights granted by RTB terminate and you must cease all use of the Services and delete all copies of the Apps from your mobile device.

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us.  Termination does not and will not limit any of RTB’s or your rights and remedies at law or in equity.

 

13. WHO IS RESPONSIBLE FOR LINKED SERVICES?

The Services contains links to other websites and resources provided by third parties (including our marketing agency partners and social media platforms), third-party messaging services (e.g., WhatsApp) and in advertisements (collectively, Linked Services).  RTB cannot and does not control Linked Services even though some Linked Services allow you to export your information to them, such as “like” or “share” features on social media.  Please carefully review the privacy policies and other terms of use for all Linked Services.  If you decide to access any of the Linked Services, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Services and not these Terms.

The Services may include third-party software that is offered generally available free of charge under open source or similar licenses (Third Party Software).  Although the Services provided to you are subject to these Terms, Third Party Software included in the Services may be subject to other licenses or usage terms, which will be presented to you as and when applicable.

 

14. HOW IS RTB’S LIABILITY LIMITED UNDER THESE TERMS?

 

RTB’s Disclaimer of Warranties

WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RTB, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SUPPLIERS (COLLECTIVELY, RTB PARTIES) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE RTB PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitations on RTB’s Liability

RTB is liable for reasonable direct and foreseeable damages caused by RTB’s material breach of these Terms, subject to the provisions of these Terms.  

To the fullest extent permitted by applicable law, RTB is not and will not be responsible or liable for:

• Damages that are not foreseeable, including consequential damages.
• Exemplary or punitive damages.
• Any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill or loss of business opportunity in connection with your use of the Services.
• Viruses or other malicious software obtained by accessing the Services or errors, glitches, delays or disruptions in the Services
• Losses related to actions of any third party, including use of or inability to use Linked Services.

 

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE RTB PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

Nothing in these Terms is intended to exclude or limit liability in any way that is unlawful, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or other intentional conduct.  IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE RTB PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

AS A CONSUMER, YOU BENEFIT FROM ANY MANDATORY PROVISION OF THE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.  NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON THE MANDATORY PROVISIONS OF LOCAL LAW.

 

15. HOW WILL RTB COMMUNICATE WITH CONSUMERS?

 

When you use the Services or send emails to us, you are communicating with us electronically.  Depending on your choices and account settings, we will communicate with you electronically in a variety of ways, such as by email, text message or App push notification, or by posting a message in the App or otherwise through the Services.  Some of these communications are automatic and some are sent by default as part of the Services.  We may add or remove certain types of communications from time to time.  You can adjust whether you receive certain electronic communications in your account settings.  Although you can disable certain communications, we may still send you notices as needed to allow us to provide certain parts of the Services to you, such as to notify you about a security incident.

You agree that all agreements, notices, disclosures and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider.

If your email address or other contact information changes, you are responsible for informing RTB. Changes to your email address will apply to all of your communications from us.

Certain communications could include information about your account, such as a password reset request.  Anyone with access to your email account or mobile device could view the content of these communications.

When we send marketing or promotional communications, we do so based on your consent as and when required.  You also can control our email marketing communications by clicking the unsubscribe link in the footer of each marketing email.  

 

16. HOW DO I CONTACT RTB?

 

To contact RTB about these Terms, the RTB Consumer Privacy Policy or RTB’s personal information processing, please contact us at info@levecke.net. You may also contact us by writing to Red Tree Beverages, LLC. 999 Peachtree St. NE, Suite #348 Atlanta, GA, 30309 or using any other jurisdiction-specific information made available through the Services.

To contact RTB about our Privacy Policy and how we handle personal information that we collect from or about users, please use the contact information provided in our RTB Consumer Privacy Policy.

 

17. MISCELLANEOUS

 

1. These Terms (including the RTB Consumer Privacy Policy or other privacy policy or notice provided to you) contain the sole and entire understanding by and between RTB and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings and agreements, whether written and oral, regarding the Services.
2. You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide RTB any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing.  You also agree that no third-party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by these Terms of Service as they exist on the date of your electronic signature.
3. These Terms inure to the benefit of and are binding on RTB’s and your successors and assigns, respectively.
4. RTB may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of RTB. 
5. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
6. No waiver by RTB of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term.  Any failure RTB to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
7. Nothing contained in these Terms creates a partnership, joint venture, agency or other such relationship by and between RTB and you.
8. If RTB is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause. 
9. Headings and captions are for convenience only.  Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.

 

18. DISPUTE RESOLUTION

RTB would appreciate the opportunity to solve any issue about the Services with you directly.  If you would like to bring a matter to our attention, please contact us at info@levecke.net  or write us to Red Tree Beverages, LLC. 999 Peachtree St. NE, Suite #348 Atlanta, GA, 30309.

 

You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a Dispute) as set forth in this Section 18.  Subject to the jurisdiction specific provisions below, these Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions.

 

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

For Canadian Consumers: You and RTB agree that these Terms are governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein.  You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

 

For EU Consumers: If you are an EU resident, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU Member State in which you reside.  Also, the European Commission provides for an online dispute resolution platform that you can access here: https://ec.europa.eu/consumers/odr.  More information about your rights as a consumer is available here.  

 

For Italian Consumers:  Any dispute between you and us relating to these Terms will only be dealt with by the courts of the place in which you are domiciled or resident.  You may also apply for an out-of-court mechanism to solve any dispute relating to these Terms (in accordance with Sections 141 – 141 decies of the Italian Consumers’ Code, 6 September 2005 no. 206). For example, you may utilise or consult the European Online Dispute Resolution platform referred to above.

 

For consumers in Bangladesh, Bhutan, India, Maldives, Nepal and Sri Lanka:  These Terms and your use of the Services are governed by the laws of your place of habitual residence, without regard to choice of law provisions. The courts of competent jurisdiction located in that place of habitual residence will have exclusive jurisdiction over all disputes arising out of, relating to or concerning these Terms.

 

For U.K. consumers: These Terms and their subject matter are governed by and construed in accordance with the laws of England & Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.)

 

For U.S. Consumers:

Choice of Arbitrator and Rules.  A Dispute must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.

 

Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

 

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but you or us.

 

Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

 

Choice of Venue (Fulton County, Georgia). You agree that any Disputes shall be heard exclusively in Fulton County, Georgia unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of Georgia for all purposes.

 

Choice of Law (Georgia). These Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

 

Remedies Available in Arbitration. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

 

Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Fulton County, Georgia, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

 

CLASS ACTION WAIVER

Where permitted by applicable law and in the United States, RTB and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  We each waive any right to a jury trial.

 

19. JURISDICTION-SPECIFIC TERMS 

FOLLOWING IS INFORMATION ABOUT CONSUMER RIGHTS AND CHOICES FOR SPECIFIC JURISDICTIONS.  WE ENCOURAGE YOU TO REVIEW THE RELEVANT SECTIONS.  

For California consumers:  If you are under age 18 and a resident of California, you may have the right to request removal of your User Content that you chose to made public on the Services.  To request removal of your User Content, please contact RTB at info@levecke.net with the subject line “California Minor User Content Removal”.  Please note that the removal right is not absolute – the right applies to your original posting of your User Content but not subsequent sharing or publication by others and not to content about you shared by other people.  The removal right also does not apply if you received compensation or other consideration for posting the User Content.  RTB cannot ensure comprehensive removal of the User Content from the Internet.  

 

If you are a Californian and want to request that RTB delete personal information that we hold about you, please see the California section of the RTB Privacy Policy.

 

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

 

The provider of the Services is Red Tree Beverages, LLC: 999 Peachtree Rd NE Suite 348, Atlanta, Georgia 30309.

 

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending an email to info@levecke.net. You may also contact us by writing to Red Tree Beverages, LLC 999 Peachtree St. NE, Suite #348 Atlanta, GA, 30309.

 

For all U.S. consumers:  For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our DMCA Policy.

 

For German consumers:  Nothing in these Terms limits or excludes Coca‑Cola’s liability for gross negligence concerning users based in Germany.  In compliance with the rules of the German Advertising Federation (Deutscher Werberat, ZAW), Coca‑Cola does not conduct advertising or marketing activities directed towards consumers under age 14. As such, the Services are not directed to or intended for use by anyone under the age of 14.