Terms and Conditions


WE RESERVE THE RIGHT TO MODIFY OUR TERMS AND CONDITIONS AT ANY TIME, SO WE ASK THAT YOU REVIEW THEM FREQUENTLY.
www.HavanaCola.com offers you access to our services under the following terms and conditions (the “Agreement”).
This Agreement became effective on May 17, 2010.

Welcome
By using and visiting the www.HavanaCola.com website (the “Site”), you are agreeing to the following terms and conditions (and our Privacy Policy) with Havana Bottling Company. If you do not agree to our terms and conditions (and our Privacy Policy), do not use or visit www.HavanaCola.com. Thank you for your cooperation.

Fees
Before using a service on our site that has a fee you must first review and accept our FEE LISTING. IF YOU EVER HAVE A QUESTION ABOUT OUR FEES PLEASE CONTACT US AT HAVANACOLA@AOL.COM
If we must retain a collection agency or retain a lawyer to collect overdue/past due fees from you, you hereby agree to pay any charges associated with the collection efforts, including all legal fees.

Dealing with Troublemakers
If www.HavanaCola.com believes that any user or visitor is engaging in harmful and/or unwelcome conduct we may prohibit their access to our site. Please notify us immediately at HavanaCola@aol.com if you have problems with any user and/or visitor and/or any other third party.

Liability
You will not hold www.HavanaCola.com responsible for other users' (or other visitors) actions.

THE INFORMATION AND PRODUCTS LISTED ON THIS WEBSITE ARE PROVIDED “AS IS.” NO WARRANTIES OF ANY KIND ARE OFFERED BY WWW.HAVANACOLA.COM. NO EXPRESS OR IMPLIED WARRANTIES ARE OFFERED BY WWW.HAVANACOLA.COM. NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE OFFERED BY WWW.HAVANACOLA.COM.

Limitation of Liability
If www.HavanaCola.com is found to be liable, for any reason, to you or any third party, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, and (b) $500.

Privacy
Please review our Privacy Policy to learn how we use the information you provide us. If you do not consent to our Privacy Policy do not use our site

Indemnity
You will indemnify and hold www.HavanaCola.com (its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your breach of this Agreement, your actions, or your violation of any law or the rights of a third party.

Notices
Legal notices shall be served on Havana Bottling Company. at the following address Havana Cola Inc., P.O. Box 3342, Winter Park, Fl. 32790. We may give you legal notice by mail to the address provided during the registration process.

Resolution of Disputes
Any controversy or claim arising between you and www.HavanaCola.com, their successors, or assigns shall be settled by arbitration pursuant to the Federal Arbitration Act, 9 USC §1 et seq., and shall be administered in accordance with the applicable rules of the American Arbitration Association. The arbitrator shall be selected by www.HavanaCola.com. The site of the arbitration shall be Orange County, Florida. Florida law shall govern the dispute. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall include, but not be limited to, the determination by the arbitrator of the scope of the arbitration and the arbitrability of controversies or claims. The parties acknowledge and agree that the transactions contemplated by this Agreement involve interstate commerce as that term is used in the Federal Arbitration Act, 9 U.S.C. 1 et seq.

he decision of the arbitrator shall be final and binding on the parties and access to judicial forum is foreclosed, except to enforce an arbitral decision.

Notwithstanding a contrary rule of law or rule of the American Arbitration Association the parties hereby agree that:

1. The arbitrator shall not assess incidental, consequential, secondary, or punitive damages against any party;
2. The arbitrator shall not assess damages for aggravation, mental anguish, emotional distress, and/or pain and suffering against any party;
3. Each party shall pay its own costs and expenses including all attorneys’ fees related to such arbitration. The arbitrator shall determine which portion of the fees and expenses charged by the arbitrator shall be paid by each of the parties;
4. And, the arbitrator shall not assess a party’s cost, expenses, or attorney’s fees or the value thereof, as damages against any other party.


The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. Should any provision of this agreement to arbitrate be found to be unenforceable, the remaining provisions shall remain valid and binding.

Regardless of the agreement to arbitrate set forth above, you (the user of our site) hereby agree that upon www.havanacola.com’s request, you will consent to becoming a party to any legal proceeding involving www.havanacola.com and to the jurisdiction of any court or other forum in which the proceeding is pending. You acknowledge that this provision is intended to permit www.havanacola.com to cause you to be a third party defendant to claims by other third parties against www.havanacola.com.

Improperly Filed Claims
All claims you bring against Havana Bottling Company must be resolved in accordance with the Resolution of Disputes Section listed above. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Havana Bottling Company may recover attorneys' fees and costs up to $5000, provided that Havana Bottling Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Intellectual Property
The content of www.havanacola.com’s web pages is copyrighted. Also, you are prohibited from using and/or reproducing any of our trademarks. You must obtain our permission prior to reproducing or otherwise using images/graphics from our site.

No Third Party Beneficiaries
This Agreement is intended solely for the direct benefit of the parties hereto. There are no third party beneficiaries of this Agreement.

Governing Law
The validity, interpretation and performance of this Agreement (and our Privacy Policy) shall be governed by the law of the State of Florida.

Severability
The provisions of this Agreement are severable. Should any provision of this Agreement (or our Privacy Policy) be unenforceable, the remaining provisions shall remain valid and binding.

Additional Terms
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

Changes to our Terms and Conditions:
WE RESERVE THE RIGHT TO MODIFY OUR TERMS AND CONDITIONS AT ANY TIME, SO WE ASK THAT YOU REVIEW THEM FREQUENTLY.

The following Sections survive any termination of this Agreement: Fees, Liability, Indemnity, Resolution of Disputes, Improperly Filed Claims, Intellectual Property, and Governing Law.

This Agreement (and our Privacy Policy) sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. to learn ways in which you can protect your identity.