HEDFirst,
LLC
Terms of Use Policy
1.You
Agree to These Terms by Using this Site
Your access to, and use of, the Site is subject to the following Terms
of Use and all applicable laws and regulations. By accessing and using
the Site, you accept, without limitation or qualification, these Terms
of Use, and acknowledge that any other agreements between you and HedFirst,
LLC are superseded with respect to this subject matter. If you do not
agree and accept, without limitation or qualification, these Terms of
Use, please exit the Site.
2.
Ownership of Content
The Site and all of its contents including, but not limited to, all
text and images ("Content") are owned and copyrighted by HedFirst,
LLC or others with all rights reserved unless otherwise noted. Any Content
that is a trademark, logo, or service mark is also a registered and
unregistered trademark of HedFirst, 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
HedFirst, LLC will aggressively enforce its intellectual property rights
to the fullest extent of the law, including the seeking of criminal
prosecution.
3.
Your Use of the Site
HedFirst, LLC grants you permission to use the Site as follows:
· you may not distribute, modify, copy, transmit, display, reuse,
reproduce, publish, license, create derivative works from, transfer,
sell or otherwise use Content without HedFirst's written permission;
· you are prohibited from using the Site 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 - HedFirst will fully cooperate
with any law enforcement authorities or any court order requesting or
directing HedFirst to disclose the identity of anyone posting or transmitting
any such information or materials; and
· you are prohibited from using the Site to advertise or perform
any commercial solicitation.
4.
Privacy
Any personal data (for example, your name, address, telephone number
or e-mail address) you transmit to the Site by electronic mail or otherwise
will be used by HedFirst in accordance with the Site's Privacy Policy.
Any other communication or material you transmit to the Site, 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, HedFirst, 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 Site, HedFirst 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 HEDFIRST LLC, NOR
ANY OF ITS SUBSIDIARIES, 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 SITE 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.
Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other
than HedFirst, LLC. Such links are provided for your convenience only.
HedFirst does not control, and is not responsible for, the content or
privacy policies on, or the security of, such sites. Without limiting
the foregoing, HedFirst specifically disclaims any responsibility if
such sites:
·
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 HedFirst endorse the content, or any products or services available,
on such sites. If you establish a link to such sites or the Site, you
do so at your own risk and without the permission of HedFirst, LLC.
8.
Export Control
Software and other materials from this Site 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 Site 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.
HedFirst
does not authorize the downloading or exportation of any software or
technical data from this Site to any jurisdiction prohibited by the
United States Export Laws.
9.
Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute
"forward-looking statements" as defined under U.S. federal
securities laws. Generally, the words "believe," "expect,"
"intend," "estimate," "anticipate," "project,"
"will" and similar expressions identify forward-looking statements,
which generally are not historical in nature. Forward-looking statements
are subject to certain risks and uncertainties that could cause actual
results to differ materially from HedFirst historical experience and
our present expectations or projections. These risks include, but are
not limited to, our ability to finance expansion plans, share repurchase
programs and general operating activities; changes in the non-alcoholic
beverages business environment, including actions of competitors and
changes in consumer preferences; regulatory and legal changes; fluctuations
in the cost and availability of raw materials; interest rate and currency
fluctuations; changes in economic and political conditions; our ability
to penetrate developing and emerging markets; the effectiveness of our
advertising and marketing programs; litigation uncertainties; adverse
weather conditions; and other risks discussed in our Company's filings
with the Securities and Exchange Commission (the "SEC"). You
should not place undue reliance on forward-looking statements, which
speak only as of the date they are made. HedFirst undertakes no obligation
to publicly update or revise any forward-looking statements.
10.
Revisions to the Terms
HedFirst may at any time, and without notice, revise these Terms of
Use by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the current
Terms of Use.
11.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws
of the State of Texas, USA, without regard to its choice of law provisions.
The courts of general jurisdiction located within Tarrant County, Texas,
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.
