TERMS OF USE Welcome to the 51FIFTY Energy Drinks website, located at http://www.51fiftyenergydrink.com/ (the "Site") and operated by 51FIFTY Energy Drink Company ("51FIFTY Energy Drink"). THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND 51FIFTY ENERGY DRINK. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT. BY CLICKING ON THE "YES, I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "YES, I ACCEPT" BUTTON AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. References in this Agreement to "51FIFTY Energy Drink," "we," "us" or "our" mean 51FIFTY Energy Drink. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 13 years old to use the Site. You must be at least 18 years old and obtain a user name and password for participation in the 51FIFTY Energy Drink s site. You shall be exclusively responsible for the supervision, management, and control of your user login and password for the Site and you shall ensure that you properly exit the Site at the end of each session. Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. "51FIFTY Energy Drinks " and our logos and other marks are either trademarks or registered trademarks of 51FIFTY Energy Drinks ("Trademarks"). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, knowhow, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the "Intellectual Property"). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair 51FIFTY Energy Drinks ownership of the Site and the content therein or the validity or enforceability of 51FIFTY Energy Drinks rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of 51FIFTY Energy Drinks or any third party. Copyright Policy. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of 51FIFTY Energy Drinks, which permission may be withheld in our sole and absolute discretion. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf 51FIFTY Energy Drink. Copyright Agent for notice of claims of copyright infringement can be reached as follows: 51FIFTY Energy Drink. Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site. 51FIFTY Energy Drink Community. You must be at least 18 years old and obtain a user name and password for participation in the Community. Each user has a unique user account on the Site and on our internal network. Your user account allows you to view the information that you are authorized to access. Therefore, it is important that you protect your user account and password. By accepting this Agreement, you authorize us to respond to a request for a new password via email. The new password will be delivered to the email of record in your system profile maintained in your Account Information. Our Rights To Your Content. Any communication or material you transmit or post will be treated as nonconfidential and non-proprietary by 51FIFTY Energy Drink. You are solely responsible for any content, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site or any material or information that you transmit to other users of the Site. By posting Content on any public area of the Site, you automatically grant, as well as represent and warrant that you have the right to grant, to 51FIFTY Energy Drinks, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that 51FIFTY Energy Drink has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that 51FIFTY Energy Drinks may review and delete any Content that in the sole judgment of 51FIFTY Energy Drink violates, this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of 51FIFTY Energy Drink or any user of the Site. Posting On the Site. You represent and warrant that: (i) you own any Content posted by you on the site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your
profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline 51FIFTY Energy Drink event is at your sole risk. Privacy. You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site and that you provide to others. Your 51FIFTY Energy Drink profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses. Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction. Securities Laws. This Site may contain statements, estimates or projections that constitute "forward looking statements" as defined under U.S. Federal Securities laws. Generally, the words "believe, expect, intend, estimate, anticipate, project, will" and similar expressions identify forward looking statements, which generally are not historical in nature. Forward looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from 51FIFTY Energy Drink historical experience and 51FIFTY Energy Drink present expectations or projections. These risks include, but are not limited to, 51FIFTY Energy Drinks ability to finance expansion plans, share repurchase programs and general operating activities; changes in the non-alcoholic beverage business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; interest rate and currency fluctuations; changes in economic and political conditions; 51FIFTY Energy Drinks ability to penetrate and develop new markets, the effectiveness of 51FIFTY Energy Drinks advertising, marketing and promotional programs; litigation uncertainties; adverse weather conditions; inability to achieve volume growth through product and packaging initiatives; changes in the cost and availability of raw materials and the ability to maintain favorable supply arrangements and relationships and procure timely and/or adequate production of all or any products; the marketing efforts of distributors of 51FIFTY Energy Drinks products, most of which distribute products which are competitive to 51FIFTY Energy Drinks; unilateral decisions by stores or other customers to discontinue carrying all or any of 51FIFTY Energy Drinks products that they are carrying at any time; changes in product category consumption; possible recalls of 51FIFTY Energy Drinks products; and other risks discussed in the 51FIFTY Energy Drink Corp. filings with the Securities & Exchange Commission ("SEC"), including the 51FIFTY Energy Drink Corp. annual report on Form 10K, which filings are available from the SEC. The foregoing list of important factors is not exhaustive. You should not place undue reliance on forward looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise any forward looking statements and expressly disclaim any duty to do so.
International Users. If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us. Remedies. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site or terminate your membership with the Community, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law. Disclaimer. THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, 51FIFTY ENERGY DRINKS DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 51FIFTY ENERGY DRINKS SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 51FIFTY ENERGY DRINKS THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. 51FIFTY ENERGY DRINK IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Limitation of Liability. 51FIFTY ENERGY DRINK SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 51FIFTY ENERGY DRINKS AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO 51FIFTY ENERGY DRINKS IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM. Indemnity. You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney's fees, and
other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline 51FIFTY Energy Drinks event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party (including but not limited to on the Community pages). No Solicitation. While we love to hear from our fans, it is the policy of 51FIFTY Energy Drinks Company ("51FIFTY Enterprises") not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if 51FIFTY Enterprise products or marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send to us any original creative materials such as ideas for new or improved products, advertising campaigns, or product names, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by 51FIFTY Enterprises or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, 51FIFTY Enterprises is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Livingston, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Livingston, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys' fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. If you have any questions regarding this Agreement, please contact us: 51FIFTY Energy Company Attn: Administrative
436 Second Street Livingston, CA 95334 Tel: 209-394-3973 SELECTING "YES, I ACCEPT" WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT. EFFECTIVE DATE: January 1, 2011