THE COCA-COLA COMPANY TERMS OF USE AND SALE

(TL;DR VERSION)

These Terms apply to websites, mobile apps, and online services that link back to them.
These are free services; we’re not promising they’re perfect, use them as-is.
Follow the law and respect other users.
Any dispute must be filed in arbitration, in Georgia (unless a small claims court can hear it).
No judge, no jury, no class actions.
If you submit information or a creation, we own it.
That includes submissions made on our social media pages or partner pages.
Purchases will be governed by our Terms of Sale – please read them carefully (and, if applicable, subscriptions will be governed by these Terms of Sale as well as additional Subscription Terms you will see and accept before you enroll).
E-mail us at https://us.coca-cola.com/support/contact-us/
Call at +1 800 520 2653

We, The Coca-Cola Company and its affiliates (collectively the “Affiliates”), operate websites, mobile applications, and social media pages that link here (collectively, “Sites”). By using the Sites, you agree to these Terms of Use and Sale (the “Terms”). If you do not agree to the Terms, do not use the Sites. You will still be bound by the Terms as they existed when you last used the Sites. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY. Note that if you have a separate contractual relationship with us, those terms will control in the event of any conflict.

Terms of Use and Sale

On-Site Submissions and Creations

The Sites may include a variety of interactive services, such as instant messaging, forums and blogs. You may be able to submit information using these services (“On-Site Submissions”). You also may be able to create materials using the services (“On-Site Creations”).

Off-Site Submissions and Creations

The same sort of interactive services may be available on certain third-party websites and social media platforms. You may use these services to submit information (“Off-Site Submissions”), e.g., using hashtags we promote or commenting on our social media pages. You may also use those third-party services to create materials (“Off-Site Creations”). On-Site Submissions and Off-Site Submissions shall, collectively, be referred to herein as “Submissions”; On-Site Creations and Off-Site Creations shall, collectively, be referred to herein as “Creations.”

Grant of Rights for Submission and Creations

You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Submissions and Creations. We can use this license with no compensation to you. The license allows us: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission and/or Creation (including without limitation your voice, image or likeness as embodied in such Submission or Creation), in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason.

Representation and Warranty

For each Submission and each Creation, you represent and warrant that you have all rights necessary to grant these licenses (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation, and your provision or creation thereof through the Sites, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.

You Have Sole Responsibility for Your Submissions and Creations

You acknowledge and agree that you are solely responsible for any Submission or Creation you provide, and for any consequences thereof, including the use of any Submission or Creation by third parties. You understand that your Submissions and Creations may be accessible to other parties, who may be able to share your Submissions and Creations with others and to make them available elsewhere, including on other sites and platforms.

We Are Not Responsible For Third Parties

We Are Not Responsible For Third Parties. We have no control over what third parties may do with your Submission or Creation. We have no legal liability for such misuse. We also do not endorse and are not responsible for any opinions, advice, statements, information, or other materials made available in any Submission or Creation.

Feedback

Please visit our Contact Us page to submit any ideas or creations.

Whenever you buy a product through the Smart Cooler using the Coke&GO app, you are purchasing from the local Coca-Cola bottler, Coca-Cola Southwest Beverages, LLC, with its principal address at 14185, Southwest Park Way, Suite 1300, Dallas, TX 75254. You will look solely to Coca-Cola Southwest Beverages, LLC with respect to any disputes, claims, and causes of action arising out of or connected with your purchase of a product through the Coke&GO app.

General Requirements

By making a purchase, you represent and warrant that:

You are at least 18 years of age;
You are an individual consumer, the product is being purchased solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.

Making a Purchase

To make a purchase from a Smart Cooler using the Coke&GO app, you will use the Coke&GO app to open the cooler door, select your beverage and then close the cooler door. You will then see an order review screen in the app, which will detail the products you have selected for purchase. From time to time, we may not be able to process a purchase for the following reasons: (a) the cooler is not functioning properly; (b) your payment method was declined; (c) the Coke&GO app is not functioning properly; or (d) you do not meet the eligibility criteria set forth in these Terms of Use and Sale.

Payment

You can pay for your goods using major credit or debit cards.

Prices and Sales Tax

Prices shown on the Smart Cooler and/or in the Coke&GO app include sales tax.

Returns and Refunds

We want you to LOVE your products. In the rare case that you’re not satisfied with your order, please contact us WITHIN 15 DAYS of purchase by emailing customer support within the Coke&GO app (Support > Email Support) or by calling Coke&GO customer support at 1-844-561-2653. Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) or replace the item free of charge. Refunds cannot be given if the fault is a result of your own actions such as product misuse. We reserve the right to refuse a refund request. You can request a refund by calling 1-844-561-2653 or emailing customer support within the Coke&GO app (Support > Email Support). Abuse or misuse of the refund policy may result in the refusal of future refunds.

Reporting a Problem

If for any reason you are not happy with your purchase, please contact the Coke&GO customer support team by calling 1-844-561-2653 or emailing support.ar@maxierience.com. If possible, please provide the asset number and outlet number found on the sticker on the side of the cooler.

Credit Card Transactions

Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to a Payment Service Provider for immediate authorization. Once we have received authorization from the Payment Service Provider, we will confirm your order.

Choice of Arbitrator and Rules

Any disputes, claims, and causes of action arising out of or connected with your use of the Sites (each, a “Dispute”) , including without limitation a purchase through the Sites,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.

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.

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.

Exception to Arbitration (Small Claims Court)

Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

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.

Choice of Law (Georgia)

These Terms and your use of the Sites 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.

Class Action Waiver

You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.

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.

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.

Notices

Notices to you may be made via posting to the Site, by email, or by regular mail, in our sole discretion. Notices to us should be made using the contact information below.

Evidence

You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Site, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.

Force Majeure

We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

Rules for Sweepstakes, Contests, Challenges Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Sites may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. If you engage in any fraudulent or unsportsmanlike activity or act contrary to the applicable rules, these Terms or any laws, your participation and Account privileges may be suspended or terminated, resulting in the loss of offers, prizes or other items.

Information or Complaints

If you have a question or complaint regarding the Site, please send an e-mail to https://us.coca-cola.com/help/message/. You may also contact us by writing to The Coca-Cola Company, P.O. Box 1734, Atlanta, GA 30301, or by calling us at +1 800 520 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.

Claims of Copyright Infringement

For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our DMCA Policy.