Use of the Site and its Content
The Site contains intellectual property that is either owned by or licensed to COCA. This includes, but is not limited to, the design, layout, look, appearance, images, text, marks, software, and graphics (the “Content”). All of the Content on the Site is proprietary to COCA or is used in a manner consistent with the legal owner’s permission or applicable laws or regulations.
As a condition of using the Site, you agree that you will not assert any claim or interest in or to any Content on the Site. If you choose to view, download, or print Content from the Site:
(1) You must observe any and all terms or restrictions on the Content’s use;
(2) You may view, download, and print Content from the Site for your own personal and noncommercial use or for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would material from any printed work.
(3) You are strictly prohibited from downloading Content from the Site for commercial use or for use on personal websites;
(4) You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the content on the Site;
(5) You may not modify the appearance or Content of the Site; and
(6) Any displays or printouts of the Site’s Content must be marked “© [insert year of display or printout] COCA. All rights reserved.”
The names, titles, trademarks, service marks, and logos that appear on the Site include COCA’s registered and unregistered marks. You may not use any COCA trademarks without COCA’s prior written permission.
Third parties’ trademarks may also appear on the Site from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of COCA trademarks or may be construed to mean that COCA has authority to grant any right or license on behalf of any third party trademark owner.
No Representations or Warranties
COCA makes no representation of any kind regarding the content of the Site. All content on the Site is provided “AS IS.” COCA expressly disclaims any and all warranties of merchantability or fitness for a particular purpose.
The Site may contain links to third-party websites. COCA has not reviewed all of the websites linked to the Site and is not responsible for any content of any linked website. COCA provides these links as a convenience only; and such links do not imply COCA’s endorsement, sponsorship, or affiliation with the linked website.
Applicable Law, Jurisdiction, and Venue
The Site (excluding links to websites operated by others) is controlled and operated by COCA from its offices in and around St. Louis, Missouri. Although COCA has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web.
You agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of Missouri, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of the State of Missouri, County of St. Louis. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than St. Louis, Missouri, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and release COCA and its directors, officers, employees, agents, and representatives from all claims, causes, allegations, costs, expenses, fees (including actual attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Site.
LIMITATION OF LIABILITY
NONE OF COCA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR FUNDERS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ITS CONTENT.