Terms of Use

Tally-Ho™ is committed to making its terms and conditions and other important information clear and
transparent. These “Terms of Use” were updated in 2020 and comprise the terms on which you use the
www.tallyhopets.com internet website.

In these Terms of Use:

Tally-Ho™ refers to Tally-Ho™ and/or its associated company (as applicable)

Website refers to this website, www.tallyhopets.com
Affiliates refers to any direct or indirect parent, subsidiary, sponsors, or affiliated companies of Tally-
Ho™ and shall include any authorized bottlers of Tally-Ho™.


Your use of this Website, including accessing or browsing the Website, is deemed to be your acceptance
of these Terms of Use, the Privacy Policy, and where applicable, our Children’s Privacy Policy. Please
read all policies and terms carefully. If you do not agree and accept, without limitation or qualification,
these Terms of Use, please exit the Website immediately and refrain from using the Website in the

The Website is intended for use by residents of the United States only. All of the terms and conditions
found on this Website, including those within these Terms of Use, are governed by the laws of the state
of Delaware. By entering the Website, you agree to submit to the exclusive jurisdiction of the state of
Delaware courts in the event of any dispute. If any of these Terms of Use are held to be invalid,
unenforceable, or illegal for any reason, the remaining Terms of Use will continue in full force.

Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit
to the Website by electronic mail, by direct entry, or otherwise, will be used by Tally-Ho™ in accordance
with the Privacy Policy. Any other communication or material you transmit to the Website, such as
questions, comments, suggestions, recipes, or the link will be treated as non-confidential and non-

Tally-Ho™ reserves the right to release your private information to authorities and your internet service
provider if you conduct any illegal activities or otherwise breach these Terms of Use.

You can find details below of legal and regulatory information about us, our products, our approach to
privacy, security, and terms and conditions for use of our website.


Your use of and browsing in the website are at your own risk. To the fullest extent permitted by law,
neither Tally-Ho™ nor its Affiliates, nor any of its agencies, nor any other party involved in creating,
producing, or delivering the website, is liable for any direct, incidental, consequential, indirect, or
punitive damages or losses arising out of your access to, or use of, the website. You are advised that
there are risks associated with activities related to the world wide web and incurred by using the
internet and world wide web, and these risks arising from your use are borne by you.

This general disclaimer is not restricted or modified by any of the following specific warnings and
disclaimers, but does not attempt to exclude liability in relation to those warranties implied by law
which cannot be excluded.


You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you
or in your location.

Tally-Ho™ assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect,
your computer equipment or other property on account of your access to, use of browsing in the
website, or your downloading of any materials provided that we do not limit in any way our liability by
law for death or personal injury caused by our sole negligence. You, as the User, must take your own
precautions to ensure that whatever you select for your use from this Website is free of viruses or
anything else (such as worms or trojan horses) that may interfere with or damage the operations of your
computer systems. Everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY
do not limit in any way our liability by law for death or personal injury caused by our sole negligence, to
the extent permitted by law.

Tally-Ho™ makes no warranty that the website will meet users’ requirements, that the website will be
uninterrupted, timely, secure, or error free. Users understand and agree that any information or
material and/or goods or services obtained through the website is obtained at the user’s discretion and

Tally-Ho™ may, from time to time, change or add to this Website (including these Terms of Use) or the
information, products, or services without notice. However, we do not undertake to keep this Website
updated. We are not liable to you or anyone else if error occurs in the information on this Website or if
that information is not up-to-date.

Your use of the Website is also subject to any other law or regulation that applies to the website, the
internet, or the world wide web.

Tally-Ho™ has not reviewed any or all of the sites linked to the website and is not responsible for the
content or the privacy policies of any off-site pages or any other sites linked to the website. Tally-Ho™
does not accept any liability or responsibility for any cookies, data or personal information collected by
other linked sites accessed through this site, nor the linked sites.


All trademarks are protected from commercial use by third parties. You must not use any registered or
unregistered trade marks on the website without either our prior written permission or the prior written
permission of the relevant trade mark owner.

You should assume that everything you see or read on the website is copyrighted unless otherwise
noted and may not be used, except as provided in these Terms of Use or in the text on the website,
without the written permission of Tally-Ho™. Tally-Ho™ does not warrant or represent that your use of
materials displayed on the website will not infringe rights of third parties.

Images of people or places displayed on the website are either the property of, or used with permission
by Tally-Ho™. The use of these images by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms of Use or specific permission provided elsewhere on the website.
Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.

The website and its content are made available for your personal entertainment, information, and
communication only, and all content is provided for your non-commercial use. You may not distribute,
modify, transmit, reuse, repost, or use the content of the website for public or commercial purposes,
including but not limited to the text, images, audio, and video without the written permission of Tally-

You are also advised that Tally-Ho™ and its Affiliates, in their sole discretion, may choose to aggressively
enforce its or its Affiliates’ intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant


You agree not to engage in any activity that is disruptive or is detrimental to the operation or
functioning of the Website.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene,
scandalous, inflammatory, or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any
law. Tally-Ho™ will fully cooperate with any law enforcement authorities or court order requesting or
directing Tally-Ho™ to disclose the identity of anyone posting any such information or materials and
reserves the right to remove any such materials at any time from this Website.


You agree and hereby grant Tally-Ho™ and its Affiliates world-wide, perpetual, non-exclusive royalty-
free, assignable, sublicensable, transferable rights to use any text, images, graphics, audio/visual or
other materials on this web site created by you (collectively “User-Generated Content”) for any purpose.
User-Generated Content includes any content submitted, displayed or posted on any section of the
website, or contained in any communication you may send to Tally-Ho™. You irrevocably waive any
claims and assertions against TallyHo and its Affiliates of moral rights or attribution with respect to your
User-Generated Content. By “use” we mean use, copy, publicly perform and display, reproduce,
distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your
User-Generated Content.


Tally-Ho™ may, in its sole discretion, prevent you from accessing the website or remove and discard any
content within the website if, for any reason, including without limitation, Tally-Ho™ believes that you
have violated or acted inconsistently with the letter or spirit of these Terms of Use. Tally-Ho™ reserves
the right to contact any authority or other relevant party and disclose any personal information and
other information, or take legal action, regarding your conduct on the Website.


From time to time, we reserve the right to make updates to this Privacy Policy. We will notify you about
material changes in the way we treat personally identifiable information by, for example, placing a
notice on this Website. We encourage you to periodically check back and review this Privacy Policy so
that you always will know what information we collect, how we use it, and to whom we disclose it. Your
continued use of the Website following any changes to this Privacy Policy will be deemed to constitute
your acceptance of such change.


If you have any questions about our Privacy Policy or our Children’s Privacy Policy, you can Contact Us by
e-mail or letter. We’ll be happy to answer your questions or hear your concerns.