TERMS AND CONDITIONS
CaffeineSM Terms of Service for Your Use
Welcome! By exploring and navigating through the Caffeine website, you agree to be bound by the following terms and conditions (the "Terms and Conditions") unless and until such time as you sign up for the paid Caffeine services by entering into the Official Rules and Purchase Agreement.
Restrictions on Use of Materials
All materials contained in the Caffeine website are the copyrighted property of ePrize, LLC, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to ePrize, LLC, or its affiliates or licensees. No material from the Caffeine website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, other than in strict accordance with the Official Rules and Purchase Agreement. The use of any such material prior to entering into the Official Rules and Purchase Agreement or in violation of that Agreement is strictly prohibited.
Site Rules
By navigating the Caffeine website, you agree that you and/or your website (if applicable) do/does not do any of the following:
Indemnification
You hereby indemnify, defend, and hold ePrize, LLC and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE CAFFEINE WEBSITE.
Jurisdiction
These Terms and Conditions will be construed and enforced in accordance with, and any dispute arising out of or in connection with these Terms and Conditions, including any action in tort, will be governed by, the laws of the State of Michigan. Each Party hereby irrevocably submits to the exclusive jurisdiction of the Courts within the State of Michigan.
Amendment
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will prominently post notice of any such change, modification, addition, or deletion on in this Terms and Conditions document. Any such change, modification, addition, or deletion will be effective upon ten (10) calendar days following our posting of such notice on the Caffeine website.
Welcome! By exploring and navigating through the Caffeine website, you agree to be bound by the following terms and conditions (the "Terms and Conditions") unless and until such time as you sign up for the paid Caffeine services by entering into the Official Rules and Purchase Agreement.
Restrictions on Use of Materials
All materials contained in the Caffeine website are the copyrighted property of ePrize, LLC, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to ePrize, LLC, or its affiliates or licensees. No material from the Caffeine website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, other than in strict accordance with the Official Rules and Purchase Agreement. The use of any such material prior to entering into the Official Rules and Purchase Agreement or in violation of that Agreement is strictly prohibited.
Site Rules
By navigating the Caffeine website, you agree that you and/or your website (if applicable) do/does not do any of the following:
- Contain or promote violence, discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, family status, or any other legally protected class, or any other materials deemed by ePrize to be unsuitable or harmful to the reputation of ePrize;
- Promote or affiliate in any way with the marketing or sale of the following products: ADULT ENTERTAINMENT, ALCOHOL, DAIRY, FIREARMS, GAMBLING, GASOLINE, INSURANCE, PHARMACEUTICALS, and/or TOBACCO.
- Post, distribute, or otherwise make available or transmit any data, text, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without his/her express permission) or publicity; (c) any confidentiality obligation;
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
- Promote or otherwise engage in, assist, aid or abet illegal activities
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
- Promote activities generally understood as Internet abuse, including, but not limited to, violations of the federal CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.), or allow Users to engage in similar activities that, in the discretion of ePrize, constitute Internet abuse;
- Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Indemnification
You hereby indemnify, defend, and hold ePrize, LLC and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE CAFFEINE WEBSITE.
Jurisdiction
These Terms and Conditions will be construed and enforced in accordance with, and any dispute arising out of or in connection with these Terms and Conditions, including any action in tort, will be governed by, the laws of the State of Michigan. Each Party hereby irrevocably submits to the exclusive jurisdiction of the Courts within the State of Michigan.
Amendment
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will prominently post notice of any such change, modification, addition, or deletion on in this Terms and Conditions document. Any such change, modification, addition, or deletion will be effective upon ten (10) calendar days following our posting of such notice on the Caffeine website.