Terms and Conditions

Last Updated: February 27, 2009

Welcome to ThirstMonger.com!

The ThirstMonger.com website (the "Site") is made up of various Web pages that are owned and operated by GTG Beverages, LLC ("ThirstMonger"). The following Terms and Conditions govern your use of the Site. Please read these terms carefully before you accept and agree to be bound by these Terms and Conditions by: (a) placing an order through ThirstMonger or (b) otherwise using the Site. If you do not agree with ALL of these terms, then do not view or use the Site.

Privacy

Please review our Privacy Policy, which also governs your use of this Site, to understand our privacy practices.

Electronic Communications

When you open an account or send emails to us, you are communicating with us electronically and, in doing so you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property Rights

ThirstMonger, ThirstMonger.com, ThirstMonger logos and other marks included on this Site are trademarks and/or service marks of ThirstMonger.

Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Site (collectively, the "Content") are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by ThirstMonger or by third parties (the "Third Party Providers") who have provided materials to ThirstMonger, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and ThirstMonger owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.

Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ThirstMonger or the Third Party Provider. No part of the Site may be reproduced or retransmitted in any way, or by any means, without the express written permission of ThirstMonger. You also may not, without ThirstMonger's prior express written permission, "mirror" any of the Content contained on the Site on any other server.

ThirstMonger is committed to respecting others' intellectual property rights, and we ask you to do the same. ThirstMonger may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on the Site, please contact our copyright agent as described in our Copyright Notice.

Nothing on the Site shall be construed as conferring any license under any of ThirstMonger's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. ThirstMonger has not independently authenticated content provided by Third Party Providers in whole or in part.

Permission is granted to display, copy, distribute and download ThirstMonger's Content on the Site for your personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

Online Orders/Product Descriptions and Prices

The products that are displayed on the Site are being offered for sale pursuant to an agreement between the manufacturer and ThirstMonger. ThirstMonger does not warrant that product descriptions, prices or other Content included on this Site or any link to this Site is accurate, complete, reliable, current or error-free. If a product offered on this Site is not as described, you may contact the manufacturer of the product.

All prices and costs listed on this Site are subject to change without notice.

Your Account

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and restricting access to your account to permitted users, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security. ThirstMonger reserves the right to terminate accounts, refuse to provide services, remove or edit Content, or cancel orders in its sole discretion.

Reviews, Comments and Other User-Provided Content

You may submit and/or post reviews, comments, information, suggestions, ideas, comments, questions, or other Content; provided, that such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Content. We reserve the right (but not the obligation) to remove or edit any such Content, but do not regularly review user-provided Content.

If you do submit and/or post Content, and unless we indicate otherwise, you grant ThirstMonger a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant ThirstMonger and its sublicensees the right, at ThirstMonger’s or its sublicensees’ option, to use the name that you submit in connection with such Content. You represent and warrant that: (i) you own or otherwise control all of the rights to the Content that you provide; (ii) the Content that you provide is accurate; (iii) use of the Content you provide does not violate this policy and will not cause injury to any person or entity; and (iv) you will indemnify ThirstMonger for all claims arising from Content that you provide. ThirstMonger has the right (but not the obligation) to monitor and edit or remove any activity or Content. ThirstMonger takes no responsibility, and assumes no liability, for any Content provided by you or any third party.

Links to Third Party Sites

We may make available a link from this Site to a third party’s web site. These links permit you to leave this Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You should carefully review the privacy statements and other terms and conditions of use of all linked sites you visit.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY THIRSTMONGER ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIRSTMONGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIRSTMONGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIRSTMONGER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIRSTMONGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRSTMONGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Warranties and Limitation of Liability as to Products

YOU ACKNOWLEDGE THAT THIRSTMONGER IS NOT THE MANUFACTURER OF ANY OF THE PRODUCTS LISTED ON THE SITE. THIRSTMONGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIRSTMONGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY WARRANTIES OF THE MANUFACTURERS OF THE PRODUCTS THAT YOU PURCHASE ARE ASSIGNABLE, THIRSTMONGER SHALL ASSIGN SUCH WARRANTIES. HOWEVER, THIRSTMONGER MAKES NO REPRESENTATIONS THAT SUCH MANUFACTURER WARRANTIES ARE ASSIGNABLE BY THIRSTMONGER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting thirstmonger.com, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any kind that might arise between you and ThirstMonger or its manufacturers or affiliates.

Disputes

Any controversy or claim arising out of or relating to your visit to ThirstMonger.com and/or products that you purchase through ThirstMonger.com shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and held in Pittsburgh, Pennsylvania. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, no arbitration under this paragraph shall be joined to an arbitration involving any other party subject to this paragraph, whether through class arbitration proceedings or otherwise. Regardless of any statute or law to the contrary, any claim or cause of action arising hereunder must be filed with the American Arbitration Association within one (1) year after such claim or controversy arose or be forever barred.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to thirstmonger.com. We reserve the right to make changes to this these policies, this Site, and these Terms and Conditions of Use at any time. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.