CICLÓN Energy Drink – Terms & Conditions

Welcome to the CICLÓN Energy Drink website (the “Site”). By accessing the Site or any of its content, you agree to be bound by each and every one of the following Terms and Conditions set forth below, which together with our Privacy Policy govern the relationship of Caribbout Export Corp. d/b/a CICLÓN International (the “Company,” “we,” “us” and “our”) with you in relation to this Site (collectively, the “Agreement”). If you do not agree with the Agreement, please refrain from using and providing any information on our Site.

• Site Availability
• Use of the Site
• Links to Other Websites
• Data Protection
• Intellectual Property
• Trademarks
• Copyright Policy
• Privacy Policy
• Liability Limitations
• Indemnification
• Termination
• Assignment
• Complaints & Reporting Violations
• Entire Agreement
• Invalidity
• Governing Law
• Updates to Our Terms & Conditions

Site Availability

It is the Company’s goal to ensure that the Site is available at all times without any interruptions. The Company, however, reserves the right to make the Site unavailable at any time or to restrict access to all or parts of the Site without notice or liability. While every effort is made to keep the Site up and running smoothly, the Company assumes no responsibility for and will not be liable for the Site being temporarily unavailable due to technical issues beyond our control.

Use of the Site

You hereby agree to adhere to the following uses for this Site:

• except as specifically provided for in the Site, only use this Site for personal and non-commercial use;
• only use this Site if you are of sufficient legal age (as defined by applicable law) or supervised by a parent or guardian who consents to the Agreement and your use of this Site. The Company has not designed this Site for, and does not intend for it to be used by, anyone under age eighteen (18) or otherwise under the legal age applicable in the jurisdiction in which any user of the Site resides. For a description of our Children’s Privacy and Parental Consent policy, please refer to our Privacy Policy.
• not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site;
• not use this Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• not use the Site for any purpose related to marketing without the express prior written consent of the Company;
• not use the Site to copy, publish or send mass mailings or spam;
• not use the Site to copy, publish or send material that is illegal or unlawful, or material that could give rise to legal action under applicable law. You may not copy, publish or send via the Site any material that is defamatory, obscene, indecent, hateful, discriminatory or inflammatory, or that infringes any person’s intellectual property rights, any person’s privacy or constitutes incitement to commit a crime, or any material that is misleading, deceptive, sexually implicit, threatening, abusive, harassing or menacing;
• not use this Site for chain letters, junk mail, “spamming”, sending viruses or solicitations of any kind;
• not create a link to this Site from another website or document without the Company’s express prior written consent; and
• not pretend to be any person or representative of any entity, actual or fictitious, including an employee or agent of the Company or any third party that provides services related to this Site.

You agree that the Company may suspend or terminate your access to this Site at its sole discretion if you violate any provision of the Agreement.  The Company may also delete all or any portion of any material that you post. You understand that the unauthorized use of this Site may result in a claim for damages and/or constitute a criminal offense under applicable law.

With respect to all material that you post on this Site or submit to the Company, you grant the Company an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sublicense such rights.

Links to Other Websites

The Company may provide links to a number of other websites that may be owned, operated or controlled by third parties (“Third-Party Sites”) and that we believe might offer you useful information and services. The Company cannot control and is not responsible for the nature, content or availability of such Third-Party Sites, or any changes or updates to such sites. Links to Third-Party Sites are provided to you as a convenience, for information purposes only, and their inclusion does not imply any endorsement, association, approval or warranty by the Company of such Third-Party Sites or any of the content contained therein.

Data Protection

You are responsible for ensuring that any personal identifiable information that you provide us is accurate and up-to-date, such as you name, e-mail address, and any other contact information. For a description of how we use your personal data, please refer to our Privacy Policy.

Intellectual Property

This Site, its style and architecture, and the contents, materials and related information in the Site, are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in the Agreement. The authors of the documents in the Site assert their moral rights. “Ciclón” is a registered copyright of the Company. 

Trademarks

The Site contains trademarks, logos and other marks (the “Trademarks”) that are trademarks owned by the Company, its affiliates and/or third parties. All Trademarks reproduced in this Site that are not the property of, or licensed to, the Company are acknowledged on the Site. Any reproduction or use of any content in this Site without the express prior written consent of the Company, other than in accordance with the copyright notice, which forms part of these Terms & Conditions, is prohibited. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express prior written consent of the Company or such other party that may own the Trademarks.

Copyright Policy

This Site and its content are copyrights of Caribbout Export Corp. d/b/a CICLÓN International. All rights reserved.

Any copying, redistribution, reproduction, publishing, uploading, posting, modification, transmission of all or part of the contents in any form without the express prior written consent of the Company is prohibited other than the following:

• you may display, print or download to a local hard disk extracts for your personal and non-commercial use only;
• you may copy and share the content with individual third parties for their personal and non-commercial use, but only if you acknowledge the Site as the source of the material.

You may not, except with the express prior written consent of the Company, distribute or commercially exploit the content, or transmit it or store it in any other website or other form of electronic retrieval system. In addition, you may not create a link to this Site from another website or document without the Company’s express prior written consent.

Privacy Policy

Your privacy is very important to us. Our goal is that you are always aware of the information we collect, how we use it and under what circumstances we disclose it. You hereby agree to have read and accepted the Company’s Privacy Policy, which is incorporated by reference herein.

Liability Limitations

The information contained in this Site is for general information purposes only. It is subject to change from time to time without notice. The information is provided by the Company, and while we endeavor to keep the information updated and correct, errors and/or omissions may occur from time to time. Therefore, the Site and its contents are provided on an “as is” basis. The Company makes no representations or warranties of any kind, express or implied, regarding completeness, timeliness, accuracy, reliability, suitability, performance or availability with respect to the Site or the information, products, services, or graphics contained on the Site for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and that the Company shall not be liable for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk. You hereby agree that use of this Site is at your own risk.

In no event will the Company be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits that arise out of, or in connection with, the use of this Site.

In no event shall the Company, its officers, directors, shareholders, owners, agents, employees, affiliates, licensors or licensees be liable for any injury, loss, claim, or damage (whether direct, special, exemplary, punitive, incidental or consequential) of any kind (including, but not limited to, lost profits), whether based in contract, tort or otherwise, which (1) arise out of or are in any way connected with any use of this Site or its content; (2) any failure or delay (including but not limited to the use of or inability to use any component of this Site) for any type of service; or (3) the performance or non-performance by the Company or its officers, directors, shareholders, owners, agents, employees, affiliates, licensors or licensees, even if such party has been advised of the possibility of such damages.

In the event that (1) the Company is found to be liable for any damages related to this Site; (2) you are dissatisfied with any portion of this Site; or (3) you disagree with the Agreement, your sole and exclusive remedy is to cease using this Site.

Indemnification

You hereby agree to indemnify, and hold the Company, and all of its officers, directors, shareholders, owners, agents, employees, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in relation to any claim arising out of any breach or alleged breach by you of the Agreement or any of its representations, warranties or covenants, including, without limitation, attorneys’ fees and costs. The Company shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. In no event shall you settle any matter without the express prior written consent of the Company.

Termination

The Company may at any time, without prior notice and at its sole discretion, terminate the Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you. You may terminate the Agreement at any time by ceasing to use the Site. In the event of any dispute arising out of or related to the Agreement or your use of the Site, your sole and exclusive remedy is to is to terminate the Agreement by ceasing to use the Site. In the event of termination of the Agreement, the Company may delete and/or store, at its discretion, data associated with your use of the Site.

Assignment

Your rights and obligations under the Agreement and use of the Site cannot be assigned or delegated.

Complaints & Reporting Violations

If you have any complaints regarding the Site or are aware of any violations to the Agreement, please contact us by e-mail to info@ciclon.com.

The Company will investigate any alleged violation of the Agreement. In the event that such violation constitutes a criminal offense, the Company reserves the right to notify the appropriate law enforcement agencies.

Entire Agreement

Our Terms & Conditions, together with our Privacy Policy, constitute the entire Agreement between you and the Company in relation to your use of our Site, and supersede all prior agreements related to your use of our Site.

Invalidity

If any part or provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the Liability Limitations set forth above, then such part or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. 

Governing Law

Your use of this Site and any dispute arising out of such use shall be governed and construed in accordance with the laws of Puerto Rico, and any disputes related to the Agreement shall be subject to the exclusive jurisdiction of the courts of Puerto Rico. The Company makes no representation that the Site or its content is appropriate or available for use in other jurisdictions. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all the provisions of the Agreement, including, without limitation, this paragraph.

Updates to Our Terms & Conditions

The Company reserves the right to change these Terms & Conditions at any time and from time to time. Updated versions will be published on this Site. Please note that these Terms & Conditions will always be date-stamped so that you can be informed of when the Terms & Conditions were last updated. Changes to our Terms & Conditions will always be prospective, not retroactive.

Last Updated: March 9, 2022

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