TERMS AND CONDITIONS
Effective Date: January 14, 2022
• Parties. The parties to these Terms are you, and the owner and operator of this Website: Alameda Soda Group and/or its affiliates (the “Company”). All references to “we”, “us”, or “this Website” shall be construed to mean the Company.
• Modification of Terms. We reserve the right to modify these Terms at any time, and without prior notice, by posting amended Terms that are always accessible through the “Terms and Conditions” link on this Website’s home page. Your continued use of this Website indicates your acceptance of the amended Terms. You should check these Terms through this link periodically for modifications. We may also, from time to time, issue additional guidelines and rules with respect to using our Website. We will endeavor to notify you on the Website when we issue any such additional information. By using our Website, you agree that you will comply with any such additional guidelines and rules.
• License. Company grants you a limited non-exclusive, non-transferable, and revocable license to access and use the Website, only for your personal use and not for purposes of resale. This license terminates automatically if you breach these Terms. You do not have the right to modify this Website, its content, or any copyright or other proprietary notices. Unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
• Restrictions. You may not copy, modify, distribute, download, display, transfer, post, or transmit this Website or its content in any form without Company’s prior written permission.
• Prohibited Activities. The following activities are also expressly prohibited without Company’s prior written permission: (i) any non-personal or commercial use of this Website; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy this Website or any of its content; (iii) attempting to gain unauthorized access to any of our services, user accounts, computer systems or networks through hacking, password mining or other means; (iv) “mirroring” this Website or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the Website; (vi) collection or use of information for a supplier of competitive or comparable products or services; (v) misusing the Website or the services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (vi) any action that imposes an unreasonable or disproportionately large load on this Website or otherwise interferes with its functioning; and (vii) any other action that may reasonably and adversely jeopardize the Company’s reputation or quality of services.
• Posting to Public Areas of This Website. The Website may from time to time feature areas that are viewable by others (for example, to a forum or chat-room). We will not treat information that you post to areas of this Website that are viewable by others as confidential or proprietary. By posting information to public areas of this Website, you agree that we may use that information without any restrictions. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this Website; however, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.
• Ownership. The material provided on this Website is protected by law, including, but not limited to, United States copyright law. The copyright in the content of this Website is owned by Company or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners. You may not remove or attempt to remove any copyright, trademark or other proprietary rights notices contained on this Website or on any other content associated with the services we provide.
• Access to Website. We do not guarantee that you will be able to access or use the Website at times or locations of your choosing. We may perform updates or maintenance to the Website from time to time, and nothing herein shall in any way modify or limit our right to perform such maintenance and other services even if such services would temporarily restrict your access to the Website.
• Links to This Website. Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Company or its Products or services in a false, misleading, derogatory, or offensive manner. You may not use the Company logo, Company trademark, or Company’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Company.
• Links to Third Party Web Sites. Company does not review or control third party Websites that link to or from this Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party Website is on your own initiative and at your own risk and may be subject to the other sites’ terms and conditions.
• Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of any advertisers promoting their products, services or content on this Website (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
• ECPA Notice. This Website treats email messages and other communications through this Website as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a “secure communications medium” under the ECPA.
• USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
• Accuracy of Information and Disclaimer of Warranty. Company has made every effort to present the content on this Website accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this Website, Products, services, and/or content on this Website is provided “as is”, and neither Company nor its representatives make any representation or warranty with respect to such Products, services, and/or content. COMPANY AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES PURCHASED FROM THE COMPANY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES. COMPANY DOES NOT COVER THE MANUFACTURER’S WARRANTIES. ALL WARRANTIES AND/OR GUARANTEES, IF ANY, ARE PROVIDED SOLELY BY THE MANUFACTURER.
• Limitation of Liability. Under no circumstances will Company or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE PRODUCTS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FURTHER, TO THE MAXIMUM EXTENT PERMITTED AT LAW, OUR AGGREGATE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, FRAUD, NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), SHALL BE LIMITED TO THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY US FROM YOU PRIOR TO THE DATE OF THE CLAIM.
• California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
• Jurisdiction and Venue. The courts of Orange County in the State of Florida, USA and the nearest U.S. District Court to Orange County in the State of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
• Controlling Law. These Terms shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
• Assignment. You may not assign or transfer any of your interest in or rights or obligations under these Terms without our prior written consent. We may, however, assign or transfer any of our rights or obligations under these Terms to any third party without your prior consent.
• Intended for use Only in the United States. This Website is controlled and operated by Company from its offices within the United States. Company does not represent that this Website is appropriate or available for use elsewhere; access to this Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.
• Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.