Terms of Use Agreement

Thank you for visiting Dr. Enuf Online. This Terms of Use Agreement is a legal agreement between you (“User”) and Dr. Enuf and Tri-City Beverage Corporation, Inc. that governs your use of this website. By using the Dr Enuf (Tri-City Beverage) website, User understands that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.

Tri-City Beverage Corporation may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

User Conduct

User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Dr. Enuf, its parent, and affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Dr. Enuf’s prior written permission. The use of Dr. Enuf Marks on any other website is prohibited.

Online Contests, Forums and Comments

Dr. Enuf reserves the right to manage online content in the form of contests, User Forums and User Comments as deemed responsible to fair and equitable gaming. All comments and feedback are published, edited or deleted in a manner that complies with proper User conduct.

Proprietary Rights to Content

All materials contained in this website are copyrighted except where explicitly noted otherwise. © 2007 Tri-City Beverage Corporation. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make one (1) copy of such Content for personal use only. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Dr. Enuf’s prior, express authorization.

User Submissions

User agrees that any materials (including without limitation, stories, text, pictures) submitted to Dr. Enuf become the sole property of Tri-City Beverage Corporation, and that User has no rights of any kind in such materials. To the extent that such materials can not be transferred to Dr. Enuf, User grants Tri-City Beverage a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.

Links to Third Party Sites

Dr. Enuf may provide Users with links to other websites. These third party sites are not under the control of Dr. Enuf and User acknowledges that Dr. Enuf is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Dr. Enuf shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website.

Limitation of Liability

User expressly understands and and agrees that Dr. Enuf shall not be liable for any loss or damage (Direct, Indirect, Punitive, Actual, Consequential, Incidental, Special, Except or otherwise( resulting from any use of, or inability to use this website, or resulting from any errors or omissions in the content of this website, regardless of the basis upon which liability is claimed, even if Dr. Enuf has been advised of he possibility of such loss or damage.

Disclaimer of Warranties

Dr. Enuf makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Dr. Enuf make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, DR ENUF PROVIDES THIS SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DR ENUF OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF DR ENUF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

User agrees, at User’s expense, to indemnify, defend and hold harmless Dr. Enuf, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.

Venue and Governing Law

This Agreement and the relationship between User and Dr. Enuf shall be governed by and construed in accordance with the laws of the State of Tennessee. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Washington County, TN. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.