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SODA BY AMY WEBSITE
WEBSITE TERMS OF USE AND NOTICES
The Soda by amy website (“Soda by amy Website”) is owned,
operated, and maintained by Soda by amy, llc. located in Chicago,
Illinois (“Soda by amy”).
ACCEPTANCE OF TERMS
The Soda by amy Website and its related services are offered to
you conditioned on your acceptance, without modification, of the
terms, conditions, and notices contained herein. Your use of the
Soda by amy Website, constitutes your agreement to all such terms,
conditions, and notices. If you do not agree to be bound by the
terms and conditions, promptly exit this site.
Soda by amy reserves the right to change the terms, conditions,
and notices concerning use of the Soda by amy Website without notice.
You are responsible for regularly reviewing these terms and conditions
posted on other sections of the Soda by amy Website. Your continued
use of the Soda by amy Website constitutes your agreement to all
such terms, conditions, and notices.
SITE LICENSE AND ACCESS
Soda by amy grants you a limited license to access and make personal
use of this site. Unless otherwise specified, the Soda by amy Website
is for your personal and non-commerical use. You may not download,
modify, copy, distribute, transmit, display, reproduce, publish,
license, create derviative works from, transfer, or sell any information
or any portion of the Soda by amy Website without the express written
consent of Soda by amy. This license does not include any derivative
use of this site or its contents or any use of data mining, robots,
or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
page layout, or form) of Soda by amy and/or its affiliates without
express written consent of Soda by amy. You may not use any meta
tags or any other "hidden text" utilizing Soda by amy’s
name or trademarks without the express written consent of Soda by
amy. Any unauthorized use terminates the permission or license granted
by Soda by amy.
You may not create a link to the Soda by amy Website without express
written permission of Soda by amy. If permission is granted, such
permission will consist of a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Soda by Amy
Website (www.sodabyamy.com) so long as the link does not portray
Soda by amy, its affiliates, or their content, products, or services
in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Soda by amy logo or other proprietary graphic
or trademark as part of the link without express written permission
of Soda by amy.
Soda by amy reserves the right, in its sole discretion, to terminate
or limit your access to any or all of the Soda by amy Website or
any portion thereof at any time, without notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Soda by amy Website, you will
not use the Soda by amy Website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not
use the Soda by amy Website in any manner which could damage, disable,
overburden, or impair the Soda by amy Website (or the network(s)
connected to the Soda by amy Website) or interfere with any other
party's use and enjoyment of the Soda by amy Website.
MATERIALS PROVIDED TO SODA BY AMY
If you submit any feedback, suggestions, or other communications
(each a "Submission" and collectively "Submissions")
to the Soda by amy Website or to Soda by amy, you are granting Soda
by amy, its affiliated companies and its designees and sub licensees
permission to use your Submission in connection with the operation
of their businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission. No compensation
will be paid with respect to the use of your Submission, as provided
herein. Soda by amy is under no obligation to post or use any Submission
you may provide and Soda by amy may remove any Submission at any
time in its sole discretion.
Soda by amy does not want to receive confidential or proprietary
information from you through the Soda by amy Website. Please note
that any information or material sent to Soda by amy through the
Soda by amy Website will be deemed NOT to be confidential. By sending
Soda by amy any information or material, you grant Soda by amy an
unrestricted, irrevocable, world-wide, royalty free license to use,
reproduce, display, perform, modify, transmit, and distribute those
materials or information, publish yourt name in connection therewith,
and you also agree that Soda by amy is free to use any ideas, concepts,
kno-how, or techniques that you send us for any purpose.
TRADEMARKS
All trademarks and trade dress that appear on the Soda by amy Website
(“Trademarks”) are trademarks/trade dress or registered
trademarks/trade dress of Soda by amy (unless indicated otherwise)
or its subsidiaries or parent companies, in the United States and
other countries.
The Trademarks are valuable assets of Soda by amy and carry considerable
goodwill and consumer acceptance of the goods and services sold
under the Trademarks. Such goodwill has made the Trademarks distinctive
to Soda by amy and, as such, may only by used by Soda by amy or
other authorized persons or entities for the benefit of Soda by
amy and only in connection with the products and services authorized
by Soda by amy. Any unauthorized use of the Trademarks and/or any
use of a mark or symbol that is likely to cause confusion among
consumers or in any manner that disparages or discredits Soda by
amy, its affiliates, subsidiaries or parent companies is strictly
prohibited.
You may not use any of the Trademarks in any manner without the
prior written consent of Soda by amy. Any unauthorized use is expressly
prohibited by law and violators will be prosecuted to the maximum
extent possible according to applicable law, without notice.
COPYRIGHT
All content that is made available to view and/or download in connection
with the Soda by amy Website, including but not limited to text,
graphics, logos, button icons, images, audio clips, digital downloads,
and data compilations (“Content”), is owned by and is
the copyrighted work of Soda by amy and is protected by United States
copyright laws and international treaty provisions. The compilation
of all content on the Soda by amy Website is the exclusive property
of Soda by amy and is protected by United States copyright laws
and international treaty provisions. All Software used on this site
is the property of Soda by amy and/or its software suppliers and
is protected by United States copyright laws and international treaty
provisions.
Any reproduction or redistribution of the Content and/or Software
is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the Service
Provider's Designated Agent.
Send notifications to: L. Daniel Liutikas, Esq.
Much Shelist Freed Denenberg Ament & Rubenstein, P.C.
191 N. Wacker Avenue, Suite 1800
Chicago, Illinois 60606
Fax: 312-521-2324
dliutikas@muchshelist.com
LINKS TO THIRD PARTY SITES
The Soda by amy Website may contain links to third party websites
("Linked Sites"). The Linked Sites are not under the control
of Soda by amy and Soda by amy is not responsible for the contents
of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Soda
by amy is not responsible for webcasting or any other form of transmission
received from any Linked Site nor is Soda by amy responsible if
the Linked Site is not working appropriately. Soda by amy is providing
these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Soda by amy of the site or any
association with its operators. You are responsible for viewing,
being aware of and abiding by the privacy statements and terms of
use posted at the Linked Sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SODA BY AMY WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS,"
WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SODA BY AMY WEBSITE, SITE-RELATED SERVICES,
AND HYPERLINKED WEBSITES.
SODA BY AMY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE
NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR
RELATING IN ANY WAY TO THE SODA BY AMY WEBSITE, SITE-RELATED SERVICES,
CONTENT OR INFORMATION CONTAINED WITHIN THE SODA BY AMY WEBSITE,
AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SODA BY AMY WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED
WEBSITES IS TO STOP USING THE SODA BY AMY WEBSITE AND/OR THOSE SERVICES
Although Soda by amy attempts to ensure the integrity and accurateness
of the Soda by amy Website, it makes no guarantees whatsoever as
to the correctness or accuracy of the Soda by amy Website. It is
possible that the Soda by amy Website could include inaccuracies
or errors, and that unauthorized additions, deletions and alterations
could be made to the Soda by amy Website by third parties. In the
event that an inaccuracy arises, please inform Soda by amy so that
it can be corrected. Information contained on the Soda by amy Website
may be changed or updated without notice.
INDEMNIFICATION
You agree to indemnify and hold Soda by amy, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of the Soda by amy
Website and/or any information (text or graphical), software, or
products obtained through the Soda by amy Website and/or from Soda
by amy.
APPLICABLE LAW
All disputes against Soda by amy, including but not limited to disputes
as to this Terms of Use; the site license; site access restriction
and/or termination; Soda by amy’s trademarks, copyrights,
patents, trade secrets, trade dress and other intellectual property
disputes; member accounts; privacy; and disclaimer of warranties
shall be governed by the laws of the State of Illinois, U.S.A. and
shall be submitted to a state or federal court in the State of Illinois,
including but not limited to the courts in Cook County, Illinois,
U.S.A., and you irrevocably consent to exclusive jurisdiction and
venue in such courts. Use of the Soda by amy Website is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this
Applicable Law section.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and Soda by amy with respect to
the Soda by amy Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Soda by amy with respect to the Soda by amy
Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
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