Terms of Use

TERMS OF USE

  •  Using Our Websites

PLEASE READ THESE TERMS OF USE CAREFULLY.  They apply to websites controlled by Shady Lady Beverage Co., LLC and/or its subsidiary and affiliated entities (collectively, “Shady Lady”, “we”, “us”, or “our”) where these terms of use are posted, and to your use of any content, materials, features, and services offered on them.  Our websites expressly include www.drinkago.com, any Shady Lady top-level-domain as well as any Shady Lady redirects to Shady Lady branded areas and sub-domains of third-party websites (as such websites and top-level-domains may be renamed from time to time).  These terms of use do not apply to those of our websites, if any, that have their own terms of use.

Think of these terms of use as rules for your interaction with our websites.  If you are a minor, please be sure to get your parents to review and discuss these rules with you, and get their permission, before using our websites.

Other terms may apply to your use of a specific portion of our websites.  If there is a conflict between these terms of use and terms posted for a specific portion of our websites, the latter terms apply to your use of that portion of our websites.

By using our websites, you acknowledge that you have read these terms of use and agree to them.  You also acknowledge that these terms of use are supported by reasonable and valuable consideration, which includes your use and enjoyment of our websites, the content, materials, features, and services offered on them, and our review, use, or display of any content or materials you share with us.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEBSITES.

If you have any questions about these terms of use, please contact us at info@drinkago.com.


  • Updates to these Terms of Use
We may update these terms of use at any time.  You are responsible for periodically reading them.  If you use any of our websites after we have updated these terms of use, you acknowledge that you have read the updated terms of use and agree to follow them.

 
  • Privacy Policy Statement
To understand how and what information we collect, and how we may use or disclose such information, please carefully read our privacy policy statement.  By using our websites, you acknowledge that you have read our privacy policy statement and consent to our privacy practices.  You further affirm your consent by becoming a registered user, setting up an account or submitting content or materials to or through our websites.

If you are a minor, please remember to ALWAYS check with your parents before you send anything to us online or otherwise.


  • Profiles, Screen Names, Passwords, and Security
To take advantage of certain features of our websites, you may be required to register and set up an account with Shady Lady.
  • Do not use your real name, or the real name of any one related to you in selecting your screen name.
  • If you are a minor, please don't share any other personal information about yourself anywhere on our websites, such as your real name, social security number, physical address, or phone number.
You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access our websites and you agree not to transfer your password, user name, account or the use of your account, to any third party.  You are also solely responsible for all interactions with our websites that occur in association with your password or user name.  You agree to immediately notify Shady Lady at the following email address (info@drinkago.com) of any unauthorized use of your password or user name or any other breach of security related to your account or our websites and to “log off” from your account (if applicable) at the end of each session.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

All registration and billing information provided must be true and accurate.  Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public networks or otherwise.  You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.

If you are a person under the age of 13 (a “child”), registration also requires a true, valid email address of a parent or guardian, to notify parents or guardians of a child's completion of the registration process.

You agree:

  • not to use your real name, or the real name of any one related to you in selecting your screen name to register and/or set up an account;
  • that you will only register and/or set up an account with a true, valid email address for a parent or guardian;
  • to let us know of any changes to such email address;
  • not to use anyone else's screen name or email address to access the games and other interactive features of our websites;
  • to safeguard your screen name, password, and any email address you provide, and to take responsibility for all activity on your user account; and
  • to notify us immediately at info@drinkago.com if you find out that someone else is using your screen name, email address, or user account without your permission.

  • Using the Content on Our Websites
Our websites are for the personal use of individual users, and may not be transferred, assigned, or used in connection with any commercial or illegal endeavor.

The content on our websites (including, but not limited to, characters, logos, graphics, illustrations, website layout and design, text, stories, images, audio and video, software, and images, files, or data incorporated in the software or generated by the software) is owned, controlled, or licensed by or to us.  It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world.  You may only use the content for your personal and non-commercial use.  You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit any content on our websites, unless you first request and obtain written permission from the owner of such content.  If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.

You may not use the name “GO”, “GO Energy”, “GO Energy and Recovery”, or any mark, logo, or trade name owned or used by Shady Lady Beverage Co., LLC, in any medium whatsoever, unless you first request and obtain written permission from us.

We retain all right, title, and interest in our websites and any content, features, products, or services offered on them, including any and all intellectual property rights.  We reserve all rights not expressly granted.

To request additional rights to content on our websites, please contact us at info@drinkago.com with all specifics necessary for us to consider and respond to your request.


  • Materials Posted on Our Websites

We do not endorse, control, or assume any responsibility, or liability for any content or materials you or others submit, post, or share on or through our websites, including any screen names, photos, graphics, ideas, images, creative works, and text.

By participating and interacting with our websites, posting a message, or sending us your thoughts, you (and, if you're a child, your parents) are telling us that we can use or publish your screen name or repeat and use your message.  We can use such information in any way we want, anywhere, even in an advertisement.

If you are a minor, please remember to ALWAYS check with your parents before you send anything to us.

By posting, sharing or otherwise providing any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license to:

  • use, modify, copy, distribute, and publicly perform and display any such materials and content, with or without attribution of your screen name, in whole or in part, throughout the universe in any and all media, now known or hereinafter devised, alone, or together as part of other material of any kind or nature, including without limitation, for commercial use, advertising, and promotional purposes;
  • publish your screen name with such materials; and
  • give or transfer these rights to others.
You also represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third party or breach any law, including if such materials contain the name, voice, likeness or image of any individual.

We retain the right, but not the obligation, to monitor the content and materials posted on our websites. We may, at our sole discretion, remove any materials and content that you or others post, share or otherwise provide to our websites at any time without notice.

If you believe that any materials or content on our websites violates or infringes upon your intellectual property rights, please contact us at info@drinkago.com.  You may be asked to provide additional information and follow additional procedures for us to act on your complaint.


  • Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names.  The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.

If you choose to send us your ideas anyway, through our websites or otherwise, you agree that:

  • your ideas automatically become our property, without any compensation to you;
  • we can commercialize these ideas and use them for any purpose and in any way; and
  • we can give and transfer these ideas to others.
You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.

 
  • Prohibited Uses
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through our websites (including, without limitation, data packets transmitted to and from our websites), or analyze, decipher, “sniff”, derive code or materials from any packet stream to our from our websites, or attempt any of the foregoing.  You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.

Further, in using our websites, you may not:

  • violate these terms of use, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy such as unauthorized disclosure of a person's name or email or physical address or phone number, and rights of publicity), or violate any laws;
  • conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
  • post, email, message, or otherwise make available through the website, any content that: (1) incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; (2) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; (3) is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs; or (4) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
  • engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
  • disguise the origin of any message, communication, or transmittal you send to us through our websites;
  • use any robot, spider, scraper, or other automated or manual means to access our websites, or copy any content or information on our websites;
  • attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
  • probe, scan, test the vulnerability of or breach the authentication measures of, our websites or any related networks or systems;
  • modify or reroute or attempt to reroute our websites;
  • link to our websites from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  • utilize framing, squeeze back, overlay or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party; or
  • take any action that places a disproportionately large load on our websites or any related networks or systems.
We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these terms of use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating the their right to use our websites.

  • Electronic Notices and Communications
By visiting our websites or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
  • we may communicate with you electronically by email, or as appropriate, by posting general notices on our websites;
  • all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
  • any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

    • Third-Parties

    Our websites may contain:

    • references to names, marks, data, content, products, or services of third parties;
    • links to third-party websites; and
    • descriptions of services and products provided by third parties.
    These references, links, and descriptions are provided solely for your convenience.  By including these references, we do not endorse these parties, their content, or any products and services they offer.  These parties are not under our control and we are not responsible for them, or the operation and availability of their websites.  All disclaimers and other notices associated with such materials shall apply and supplement these terms of use as to the individual content.  You are responsible for knowing when you are leaving our websites to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third-party website.

    If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings.  If you have concerns with any third-party website, please address them with the administrator of that website.


    • Product Descriptions
    We attempt to make our product descriptions as accurate as possible.  However, we do not warrant that the product descriptions or any other content on our websites is accurate, complete, reliable, current or error free.  If a product offered by us is not as described, your sole remedy is to return it in unused condition.

     
    • No Warranties
    Our websites are for entertainment purposes only.  We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our websites.

    WE DO NOT WARRANT THAT OUR WEBSITES OR ANY CONTENT, MATERIALS, PRODUCTS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    THE CONTENT, MATERIALS, PRODUCTS, FEATURES, AND SERVICES ON OUR WEBSITES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY.  YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.

    YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.


    • Limitation of Liability
    NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES, OWENERS, MANAGERS, OFFICERS, EMPLOYEES, AGENST, REPESENTATIVES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITES OR ANY SERVICES, MATERIALS, PRODUCTS OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.


    • Remedies
    IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, MATERIALS OR PRODUCTS ON OUR WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITES.

    THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

    Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our websites or block your future access to our websites for any reason.

    You agree that any violation, or threatened violation, by you of these terms of use will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.

    These remedies are in addition to any other remedies we may have at law or in equity.


    • Indemnity
    You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney's fees) arising from your use of our websites, violation of these terms of use, or violation of any third-party rights.

    YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.


    • Force Majeure
    We will not be deemed to be in breach of these terms of use or our privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God.  We are not responsible for any loss, delay, or damage due to such events or circumstances.

     
    • Applicable Law
    You agree that all matters relating to your access to or use of our websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia, without regard to its conflicts of laws rules.  YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS OF THE STATE OF GEORGIA. YOU ALSO WAIVE ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.

     
    • Rules for Sweepstakes, Contests and Similar Promotions
    Any sweepstakes, contest, raffle or other similar promotion (“Promotion”) made available through our websites is void where prohibited and governed by specific rules that are separate from these Terms of Use.  By participating in any such Promotion, you will become subject to the Promotion’s rules which may vary from these Terms of Use.  Accordingly, we recommend that you read the rules for the applicable Promotion which will be posted on our websites and review our Privacy Policy, which governs any personal information you submit in connection with such Promotion.

     
    • Contract Interpretation
    These terms of use, accepted by you upon use of our websites, and further affirmed by becoming a registered user, setting up an account or submitting content or materials to or through our websites, constitutes the entire agreement between you and us regarding the use of our websites.

    All parts of these terms of use apply to the maximum extent permitted by law.  We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law.  The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.

    Shady Lady Beverage Co., LLC
    Attention: Website Administrator
    5575 Spalding Drive
    Norcross, Georgia 30092


    These terms of use were last updated and posted on June 4, 2013.