Last Updated: October 14, 2022
We, The Coca-Cola Company "we", "us", or "our"), provide users with the opportunity to acquire and collect non-fungible tokens ("NFTs") (also referred to as “digital collectibles”) offered by us or on our behalf ("Coca-Cola NFTs"). The Coca-Cola NFTs may be obtained either through the website www.mint.maketafi.com/coca-cola-collection initially ("Site") or Secondary Marketplaces (as defined below).
BY USING THE SITE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ANY TERMS THE OPERATOR OF THIS SITE MIGHT REQUIRE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE, AND YOUR BREACH OF ANY OF THESE TERMS IMMEDIATELY TERMINATES YOUR RIGHT TO ACCESS AND USE THE SERVICES AND ALL RIGHTS AND LICENSES GRANTED TO YOU HEREIN.
We reserve the right to revise these Terms from time to time without notice, provided that we will use reasonable efforts to provide notice of material changes to these Terms, such as by providing notice through the Site and Services or by e-mail. We will alert you to any revisions by updating the "Last Updated:" date located above. You acknowledge and agree that it is your responsibility to review the Site and these Terms periodically and to be aware of any changes. Your continued use of the Site and Services after changes to our Terms shall constitute your agreement to be bound by the modified Terms.
1. COCA-COLA NFTS
(a) Through the Site you may acquire (through purchase, auction, giveaway, a game of chance such as an instant win game, or other mechanism offered by us or on our behalf) a Coca-Cola NFT that links to and identifies unique artwork, design, drawings and/or other content ("Content"). A Coca-Cola NFT identifies the Content with which it is associated through a pointer or hash in the Coca-Cola NFT metadata. You acknowledge and agree that we may mint NFTs that are similar to the Content of your Coca-Cola NFT. You also acknowledge and agree that when you obtain a Coca-Cola NFT on the Site you may not know in advance the specific Content that will be associated with that Coca-Cola NFT. Owners of Coca-Cola NFTs obtain a Limited License to the Content as described in further detail in Section 5. We reserve the right at our discretion, to suspend, modify any or discontinue any Content, namely for technical or legal reasons, and we will not be liable to you or to any third party should we exercise such right.
(b) If we require payment, the price for each Coca-Cola NFT will be designated in MATIC and determined by us. We reserve the right to modify the types, prices and number of Coca-Cola NFTs available at our discretion.
(c) In order to access certain Services, including purchasing a Coca-Cola NFT, you will need to link a Polygon-compatible digital wallet to the Site as directed. We do not own or control any of the digital wallets that the Site may support, and our support of a specific digital wallet, or a description of how to obtain or use one, should not be interpreted as our endorsement or guarantee of the functionality of that digital wallet. Your use of the digital wallet you choose to use is at your own risk and subject to the terms and conditions of that digital wallet. You are responsible for all uses of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person. You are solely responsible for keeping your digital wallet private key confidential and secure.
(d) We may, from time-to-time, share Coca-Cola NFTs or additional Content, features, benefits, or other offers not disclosed at the time you acquire a Coca-Cola NFT (“Additional Content”) to your digital wallet via airdrop on the Polygon blockchain. If you do not wish to receive Additional Content, please contact us using the information provided in Section 13(b).
2. SECONDARY MARKETPLACES
(a) You are permitted to sell, trade, or distribute your Coca-Cola NFT, or you may purchase or otherwise obtain a Coca-Cola NFT, on any smart contract enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs ("Secondary Marketplaces"). However, note that Coca-Cola NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace. If you seek to transfer your Coca-Cola NFT via a Secondary Marketplace, or obtain a Coca-Cola NFT via a Secondary Marketplace, you may need to open an account with such Secondary Marketplace, and you may also incur Gas Fees (as defined below) or other transaction costs, which you are responsible for.
(b) You acknowledge and agree that we are not a party to any agreement or transaction relating to a Coca-Cola NFT on any Secondary Marketplace, whether or not we receive a commission or fee as a consequence of the transaction. You acknowledge and agree that we do not own or control any Secondary Marketplaces, and our support of a specific Secondary Marketplace, or a description of how to use one, should not be interpreted as our endorsement or guarantee of that Secondary Marketplace. Your use of the Secondary Marketplace you choose to use is at your own risk and subject to the terms and conditions of that Secondary Marketplace. We are not liable for any loss incurred by you in connection with any transaction that takes place on Secondary Marketplaces.
3. PAYMENTS, GAS FEES AND TAXES
(a) Any payments made to us, or an authorized third party, via the Site will be effectuated through the Polygon scaling platform for the Polygon blockchain (“Polygon”). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions on Polygon. YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF YOUR PAYMENT NOT REACHING US, including, but not limited to, instances where your payment was not properly processed on Polygon. It is solely your responsibility to confirm that your payment for a Coca-Cola NFT has been accepted. We do not provide refunds for any purchases that you might make on or through the Site.
(b) Every transaction on Polygon requires the payment of a transaction fee known as a “Gas Fee”. This means that you are required to pay a Gas Fee for each purchase of a Coca-Cola NFT via the Site. If you seek to transfer your Coca-Cola NFT via a Secondary Marketplace you may also incur Gas Fees or other transaction costs. Gas Fees are paid to the network of computers that operate Polygon and are not paid to us. Note that Gas Fees may fluctuate based on a number of factors.
(c) You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Services (collectively, the "Taxes"). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction.
(d) If you sell your Coca-Cola NFT via a Secondary Marketplace, such transaction is subject to a transaction fee determined by us (“Transaction Fee”), which may be automatically deducted. All Transaction Fees are applied to the final sale price of the Coca-Cola NFT and are collected by and distributed to us, or an authorized third party, at the time of sale.
2. RIGHTS AND BENEFITS ASSOCIATED WITH YOUR COCA-COLA NFT
(a) We may, from time to time, make certain announcements regarding your Coca-Cola NFT, including, but not limited to, the availability of any Coca-Cola NFT features or offers ("Announcements"). Announcements may be made by us on the Site or one of our websites or social media channels. It is your responsibility to check the Site and these websites and accounts for all Announcements. We are not responsible for your failure to check Announcements, nor are we liable for the availability of the Site, or our other websites or social media accounts.
4. OWNERSHIP AND LICENSE GRANT
(b) Limited License. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, royalty-free, limited license, solely with respect to any Coca-Cola NFT(s) to use, copy, and display the Coca-Cola NFT(s) for personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact (the "Limited License"). This Limited License does not grant you any rights in or to the Content. Any use of the Content other than as expressly authorized herein is strictly prohibited and shall immediately terminate your right to access and use the Site and Services. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.
(c) The Limited License applies only to the extent that you continue to Own the applicable Coca-Cola NFT and to the extent you are not in breach of these Terms. If at any time you sell, trade, donate, give away, or transfer your Coca-Cola NFT to a new owner, burn your Coca-Cola NFT, or breach these Terms, your Limited License shall automatically terminate without the requirement of notice or any further action, and you will have no further rights in or to the Coca-Cola NFT or Content associated with that Coca-Cola NFT. If at any time you sell, trade, donate, give away, or transfer your Coca-Cola NFT to a new owner, the new owner shall be subject to these Terms. "Own" or "Owned" means, with respect to a Coca-Cola NFT, one that is acquired through the Site or received or purchased on a Secondary Marketplace, from a then-current owner of that Coca-Cola NFT.
(d) Restrictions. You may not and will not permit any third party to, do or attempt to do any of the following without our express prior written consent in each case: (i) modify, alter and/or create derivative works of the Content; (ii) use the Content for your and/or any other third party's commercial benefit, including in any advertising, marketing or promotion related thereto; (iii) use the Content in connection with images, videos, and/or other forms of media that depict hatred, intolerance, violence, cruelty, politics or anything else that could reasonably be found to constitute hate speech or infringe upon the rights of others; (iv) use the Content in a manner that disparages or otherwise reflects unfavorably or harms us and/or our products and services; (v) attempt to mint, tokenize, or create an additional cryptographic token representing the Content on any platform; and (ix) otherwise commercially use or exploit any Content for your or any third party's beneﬁt, including by selling copies of any Content or selling derivative works embodying any Content.
(e) You acknowledge that the Coca-Cola® name and any of our other, trademarks, logos, and/or slogans embodied in the Coca-Cola NFTs, Content or the Site (collectively "Trademarks") are the sole and exclusive property of The Coca-Cola Company, and that we own all right, title and interest in and to the Content, including any media, design, images, illustrations, animations, graphic material, proprietary information, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (collectively with the Trademarks, the "Coca-Cola IP"). Any limited license rights that you may have in and to the Content are limited to those expressly described in the Limited License. We (on behalf of ourselves and, as applicable, our licensors) reserve all other rights in and to the Content, including all copyrights in and to the Content (e.g., the right to reproduce and make copies, to prepare derivate works, to distribute, sell, or transfer, to display, to perform, and to publicly display and publicly perform). Any use of the Content and/or Trademarks in a manner not permitted by these Terms violates the intellectual property rights, and possibly other rights, of The Coca-Cola Company. Any rights granted by the Coca-Cola Company hereunder may be modified or rescinded in their entirety if there are changes in technology, laws and/or regulations related to the sale of NFTs that would necessitate such changes to protect the rights or property of The Coca-Cola Company.
(f) You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict use or copying of any Coca-Cola IP or enforce limitations on use of the Services or the Content. By accessing our Site, you agree not to use any data mining, robots, scraping or similar data gathering or extraction methods.
5. ACKNOWLEDGMENTS AND ASSUMPTION OF RISK
(g) You acknowledge and agree that there are risks associated with receiving, purchasing, holding, and using your Coca-Cola NFTs. By receiving, purchasing, holding and using a Coca-Cola NFT, you expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason; mistyped addresses or improperly constructed instructions when transmitting or receiving Coca-Cola NFTs or any cryptocurrency; errors in the smart contract that mints Coca-Cola NFTs; errors in the Coca-Cola NFTs; errors in the Site or Services; inability to access or transfer a Coca-Cola NFT; inability to use, access, copy, or display the Content; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications failures; unfavorable regulatory determinations or actions (including with respect to NFTs or cryptocurrencies); taxation of NFTs or cryptocurrencies; unanticipated risks; volatility risks in the value of Coca-Cola NFTs and cryptocurrencies; cybersecurity attacks; weaknesses in our security; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; and the use of phishing, sybil attacks, 51% attacks, bruteforcing, changes to Polygon (i.e., "forks"), or other means of attack that affect, in any way, the Coca-Cola NFTs (the foregoing, collectively, "Site Risks").
(h) You acknowledge that, by using the Site or Services, you have sufficient knowledge, sophistication, experience, and understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand these Terms, to appreciate the risks and implications of purchasing a Coca-Cola NFT, and to make your own evaluation of the merits and risks of any transaction conducted via the Site or Services or any digital asset associated with such transaction.
(i) We are not responsible if your Content becomes inaccessible to you for any reason, or for any modifications or changes to your Content including any deletion, removal, or inaccessibility on the Site or Services or otherwise. You acknowledge and agree that we may modify, replace, or remove the Content associated with your Coca-Cola NFT at any time if we, in our sole discretion, determine it to be necessary. You acknowledge and agree that the Content can be copied and distributed and that we cannot guarantee that additional copies of the Content associated with your Coca-Cola NFT will not be created by others. You also acknowledge and agree that we or any third party on our behalf could make additional copies of, and distribute, the Content and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such Content.
(j) You also acknowledge and agree that:
(i) Coca-Cola NFTs are intended and offered solely for entertainment or consumptive purposes and not intended or suitable for investment, speculation, or financial gain.
(ii) Purchase or acquisition of Coca-Cola NFTs does not entitle the owner to any equity or ownership interest in any entity, project, or endeavor.
(iii) Malicious actors may hack or exploit systems and steal Coca-Cola NFTs or other digital assets, or attempt to impersonate owners of Coca-Cola NFTs, counterfeit Coca-Cola NFTs, sell replicas of original Coca-Cola NFTs, or misuse Content associated with Coca-Cola NFTs.
(iv) The regulatory regime governing blockchain technologies, cryptocurrencies, tokens, and NFTs is uncertain and continually evolving, and new regulations or policies may negatively impact the potential utility or value of your Coca-Cola NFTs, or your ability to transfer or sell your Coca-Cola NFT.
(v) The market for NFTs is new and volatile, and the price of a Coca-Cola NFT as it relates to fiat currency may greatly decrease over a short period of time, impacting the liquidity and the price of a Coca-Cola NFT. NFTs compete with other digital assets, and this competition may negatively impact the potential utility or value of your Coca-Cola NFT. A lack of use or public interest in NFTs could also negatively impact the potential utility or value of your Coca-Cola NFT. Each Coca-Cola NFT has no inherent or intrinsic value. We cannot guarantee that any purchases of Coca-Cola NFTs will retain their original value, as their value is inherently subjective and factors occurring outside of the Services may materially impact the value and desirability of any particular Coca-Cola NFT.
(vii) We do not provide any application or other service to receive, access, view, or display your Content, and do not guarantee you will be able to do so. It is your responsibility to procure a digital wallet or other means to allow for you to access or view your Content, and to store the requisite private key(s) or other credentials necessary to access your digital wallet or other technologies. You acknowledge that the risk of acquiring a Coca-Cola NFT from us; holding and using the Coca-Cola NFT; and transferring your Coca-Cola NFT to others rests entirely with you. If your private key(s) or other access credentials are lost, you may lose access to your Coca-Cola NFT. We are not responsible for any such losses, including, but not limited to, losses arising from Secondary Marketplaces.
(viii) Your purchase or ownership of a Coca-Cola NFT complies with applicable laws and regulation in your jurisdiction.
(ix) The Site or Services do not store, send, or receive Coca-Cola NFTs. Your Coca-Cola NFTs exist only by virtue of the ownership record maintained on Polygon. Any transfer of Coca-Cola NFTs occurs through Polygon, and not on the Site or Services. Upgrades to Ethereum or Polygon, a hard fork in the Ethereum blockchain, or a change in how transactions are confirmed on the Ethereum blockchain or Polygon may have unintended, adverse effects on your Coca-Cola NFT.
(x) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet.
(xi) You agree that the Coca-Cola NFTs are not and shall not be fractionalized, or capable of use as a coupon, investment, security or other ﬁnancial instrument or knowingly marketed in any other manner that would cause transactions to be governed by any applicable securities laws, including but not limited to the Securities Act of 1933, and are not convertible virtual currencies.
(xii) Under no circumstances will the operation of all or any portion of the Site or Services be deemed to create a relationship that includes the provision or tendering of investment advice.
6. DISCLAIMER OF WARRANTIES
(k) IF YOU CHOOSE TO USE THE SITE OR SERVICES OR OWN A COCA-COLA NFT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SITE, SERVICES AND COCA-COLA NFTs ARE PROVIDED "AS IS" AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITE, SERVICES, OR ANY OF THEIR FUNCTIONS, OR THE COCA-COLA NFTs WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITE, SERVICES, COCA-COLA NFTs OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICES, OR COCA-COLA NFTs WITH REGARD TO CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE, SERVICES OR COCA-COLA NFTs. WE MAY RESTRICT THE AVAILABILITY OF THE SITE, SERVICES, COCA-COLA NFTs OR CERTAIN AREAS OR FEATURES, IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITE, SERVICES, OR COCA-COLA NFTs. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR SERVICES.
(l) We will not be responsible or liable to you or any other party for errors or failures to execute any transaction related to obtaining your Coca-Cola NFT, including, without limitation, errors or failures caused by: (i) your failure to follow our instructions; (ii) any loss of connection to our Site or Services unless caused by our gross negligence; (iii) a failure of any software or device used by you to obtain your Coca-Cola NFT; or (iv) for any other failure to execute your Coca-Cola NFT transaction or for errors or omissions in connection with this activity unless caused by our gross negligence.
(m) You shall indemnify, defend (at our request), and hold harmless us, our afﬁliates and licensors, and its and their respective ofﬁcers, agents, directors, representatives, contractors, and employees, from and against any and all claims, suits, demands, actions, losses, liabilities, damages, judgements, penalties, ﬁnes, expenses and other costs (including reasonable attorneys' fees) arising from your breach or alleged breach of these Terms. We will also have the right to provide our own defense additionally or alternatively at our own expense.
8. LIMITATION OF LIABILITY
(n) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL WE BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); AND (II) ANY DAMAGES ARISING FROM ANY SITE RISKS, ARISING OUT OF OR IN ANY WAY RELATED TO OBTAINING, OR THE SALE OR USE OF, COCA-COLA NFTS OR CRYPTOCURRENCIES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
9. USER CONDUCT
(o) By using the Site and/or the Services, you agree not to:
(i) use the Site or the Services for unlawful purposes, in violation of any applicable local, state, national or international law, or to promote any unlawful activities (including, without limit, engaging in any intellectual property infringement).
(ii) remove or modify any copyright, trademark or other intellectual property notices that appear in the Services, Content or on any images or other content made available on the Site.
(iii) upload invalid data, viruses, worms or other software agents to the Site or Services.
(iv) reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Site or Services.
(v) interfere with or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services.
(vi) conduct automated queries through the Site (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions or any other automated activity) with the purpose of obtaining data or other information from the Services.
(vii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
(viii) access or use the Site or any of the Services to develop competitive products or services.
(ix) use or attempt to use another user's account without authorization from such user.
(x) alter or interfere with the operation of any smart contract used in connection with the Site or Services; or attempt to, or permit or encourage any third party to, do any of the above.
(p) Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
10. ARBITRATION/DISPUTE RESOLUTION TERMS
(q) Resolution of Any Dispute. We would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at https://www.coca-colacompany.com/contact-us/contact-us-form. You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a *Dispute*) as set forth in this Section. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
(r) Choice of Arbitrator and Rules. A Dispute must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.
(s) Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
(t) Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but you or us.
(u) Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
(v) Choice of Venue (Fulton County, Georgia). You agree that any Disputes shall be heard exclusively in Fulton County, Georgia unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of Georgia for all purposes.
(w) Choice of Law (Georgia). These Terms and your use of the Services are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
(x) Remedies Available in Arbitration. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
(y) Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Fulton County, Georgia, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.
(z) CLASS ACTION WAIVER. Where permitted by applicable law, Coca-Cola and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.
11. NO RIGHTS OF THIRD PARTIES
(aa) You agree that there are no third-party beneﬁciaries to these Terms.
(bb) Notices. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our sole discretion. Notices to us should be made using the contact information below.
(cc) Information or Complaints. If you have a question or complaint regarding these Terms or our Services, please send an e-mail to https://www.coca-colacompany.com/contact-us/contact-us-form. You may also contact us by writing to The Coca-Cola Company, P.O. Box 1734, Atlanta, GA 30301, or by calling us at 1.800.GET.COKE (1.800.438.2653). Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
(dd) Entire Agreement. These Terms constitute the complete understanding and agreement of you and us with respect to the Site and Services and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to the Site and Services. Prior agreements between us and you relating to any article(s) will continue to govern those prior article(s).
(ee) No Waiver. No right or term of these Terms will be deemed waived, and no breach of these Terms excused, unless the waiver or consent is in writing and signed by you and us.
(ff) Severability. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(gg) Assignment. We will have the unrestricted right to assign these Terms and to assign, subcontract, license and sublicense any or all of its rights and obligations hereunder. These Terms are personal to you and shall not be assigned or transferred by you. Any other attempt by you to assign, sub-license, or transfer your rights and any licenses granted hereunder under these Terms shall be null and void.
(hh) Force Majeure. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site or otherwise arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
(ii) Governing Law. These Terms and your use of the Site are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.