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This www.doubleeagledist.com website (this “Website”) is provided by Double Eagle Distributing, Inc. (“Double Eagle”). Your use of the Website is governed by these website terms of use (the “Terms of Use”). Please read them carefully before using this Website. By using this Website, you agree to be bound by and to honor all provisions of the Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this Website.
Double Eagle might from time to time revise the Terms of Use. By continuing to use and access the Website after revisions to the Terms of Use, you agree to the Terms of Use as revised. Please review the Terms of Use each time you intend to use the Website. For your convenience, Double Eagle will indicate the date that the Terms of Use were last updated.
This Website is not intended for use by anyone under 21 years old.
Website Availability and Use Restrictions
You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website. You will not use any spider, robot (“bot”), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof.
You agree not to access this Website by any means other than via the user interface provided by Double Eagle for such purpose. You will not run, frame or otherwise display the Website Content on any other website. Unless Double Eagle objects or blocks such links, which it may do at any time without any notice, you may link to this Website from your own website, but only to this Website’s home page (www.doubleeagledist.com), and only in a manner that does not state or imply Double Eagle’s sponsorship, endorsement, license or other affiliation between Double Eagle and you, your website, products, services, activities or representatives.
Third Party Links
Double Eagle, in its sole discretion, may include or offer third party links, products or services on the Website. All such sites may have separate and independent privacy, other policies and terms of use and may also collect personal information about you. Double Eagle has and assumes absolutely no responsibility or liability whatsoever for the content and/or activities of these linked sites and does not necessarily endorse the views expressed within them. If you decide to use this Website and/or any third party site, you do so at your own risk.
Indemnification, Disclaimers and Liability
You agree to the fullest extent permitted by law to indemnify and hold harmless Double Eagle, its respective affiliates, members, owners directors, officers, employees, agents, attorneys and representatives (collectively, the “Double Eagle Group”) against and for all actual and/or threatened claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees and costs), resulting or arising from or relating to your use, attempted use, or conduct at the Website; any activity related to your account by you or any other person; your violation of these Terms of Use; or your infringement or violation of any rights of another person or entity.
DOUBLE EAGLE PROVIDES THE WEBSITE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK. DOUBLE EAGLE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE. IN PARTICULAR, DOUBLE EAGLE DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DOUBLE EAGLE OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
THE DOUBLE EAGLE GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THERE HAS BEEN EXPRESSED PRIOR NOTICE REGARDING POTENTIAL LOSS.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
You accept that, as a corporation, Double Eagle has an interest in limiting the personal liability of its members, owners, officers, and employees. You agree that you will not bring any claim personally against Double Eagle’s members, owners, officers, and employees in respect of any losses you suffer in connection with the Website.
To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Website or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred. Nothing herein constitutes, or is meant to constitute, advice of any kind, legal or otherwise. If you require advice in relation to any matter you should consult an appropriate professional. Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.
Website Use Tracking Technologies
The Website may use cookies (session and persistent) and web beacons to help enhance and make more convenient your Website use. Cookies are small files placed on your computer’s or other access device’s hard drive to collect information about your Website use and activities. Session cookies exist only for as long as your browser remains open and are deleted once your browser session ends. Persistent cookies remain on your device’s hard drive after your browser session ends and are used to try to improve your Website use experience. Web beacons (sometimes referred to as “tracking bugs,” “web bugs” or “pixel tags”) are small strings of code placed on a web page or within an e-mail for the intended purpose of transferring information. Cookies and web beacons facilitate Website navigation, and remember information you have previously inputted, and might be used to monitor the number of Website visitors, visits, pages viewed, and the total number of visitors served. Cookies also help Double Eagle and its third party providers learn how visitors use its Website.
You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie acceptance altogether. You will still be able to browse the Website. However, by not allowing cookies, your overall Internet browsing experience might not be as convenient or enhanced.
Restricted Access
Access to certain areas of this Website may be restricted. Double Eagle, in its sole discretion, reserves the right to restrict access to any or all areas of this Website. If you choose to register on the Website, you must ensure that your user ID and password are kept confidential at all times. Double Eagle, in its sole discretion, may disable your user ID and password with or without notice, and for any reason or no reason.
General provisions
These Terms of Use set forth the entire understanding of the parties with respect to its subject matter. In the event that any one or more of the terms and conditions contained in these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Double Eagle’s failure to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. These Terms of Use shall be deemed to have been made in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida applicable to contracts negotiated, executed and performed within said State without regard to any conflict of law provisions and without application of the Uniform Computer Information Transaction Act. The parties shall make a good faith effort to resolve any breach of these Terms of Use, or any other dispute arising under or in connection with these Terms of Use, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in Broward County, Florida by binding arbitration under the administration and rules of JAMS (www.jamsadr.com). Notwithstanding the foregoing mediation and arbitration provisions, Double Eagle never shall be precluded or delayed from seeking and obtaining temporary, preliminary and permanent injunctive relief against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Use, in any court(s) of competent jurisdiction. Double Eagle may assign, transfer, sub-contract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.