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Terms of Use

 

My Free Soda™ Terms of Use

Effective as of publication to our site on July 29th, 2023

You, the "User", agree to all of the provisions below:

1. Introduction

This policy, the My Free Soda™ "Terms of Use", as well as any other terms, conditions, and/or policies posted on our website, govern the terms under which My Free Soda™ provides access and use of our websites, tools, applications and services (referred to collectively as our "Services").

By using our Services, you are entering into a legally binding contract with My Free Soda™, 6241 Freedom Lane, Citrus Heights, CA 95621, which shall be referred to as "My Free Soda™", "My Free Soda", "MyFreeSoda.com", "us" or "we" within this agreement.

In the event that either side enters a claim or dispute against the other, these "Terms of Use" govern how such claims or disputes shall be resolved.

2. General Notice

Your use of our Services confirms your acceptance of this agreement, our current "Terms of Use", by you, as well as the acceptance of this agreement by any business entity (or other type of organization) that you interact on behalf of, as described below.

We may at any time or our choosing update our "Terms of Use" currently in effect by posting a new version of our "Terms of Use" on our website. Your continued use of our Services confirms your acceptance of such updates to our "Terms of Use".

If any provision of this agreement is legally void, invalid, or unenforceable, such provision shall be struck out, but any other provisions shall remain valid and enforceable to the maximum extent allowed by the law.

By omitting reference to any specific matter, we do not waive any right or accept any limitation in regards to such matter.

As My Free Soda™ is currently in "Private Beta" state and its services are evolving, we do NOT guarantee any specific level of service in regards to the availability or performance of our Services, as our Services may cease or transition in nature at any time. Accordingly, any Services that we provide may terminate and/or any user information that has been entered into our system may become inaccessible at any time in the future. Such termination or inaccessibility would NOT provide users with any cause for claim against us.

In the event that My Free Soda™ transitions to a new business entity (or other type of organization), My Free Soda™ is absorbed into another business entity (or other type of organization), or the properties of My Free Soda™ change ownership in any manner, we may assign this agreement for any reason and at our will, without the need to obtain any new consent from you (the other party).

In the event that you use our Services on behalf of a business entity (or other type of organization), you affirm and guarantee that you are authorized to such usage on behalf of said business entity (or other type of organization), that said business entity (or other type of organization) agrees to these Terms of Use, and that any My Free Soda™ user account that is used to access or utilize our Services on behalf of said business entity (or other type of organization) remains owned and controlled by that business entity (or other type of organization).

By using our website and/or services, you also confirm your agreement, as well as the agreement of any business entity (or other type of organization) that you interact on behalf of, to our Privacy Policy (see https://myfreesoda.com/PrivacyPolicy.html).

The name "My Free Soda" and other My Free Soda™ marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of My Free Soda™ and may not be used without the express written consent of My Free Soda™.

3. My Free Soda™ Purpose

The purpose of My Free Soda™ is to provide a platform for Users to access real-time, time-limited, location-based, dine-in Discounts offered by restaurants, bars, eateries, and other prepared food retailers. In these Terms of Use (and our other agreements, such as our Privacy Policy), we shall refer to such prepared food retailers as "Establishments". Though more generally, our platform could be used by any organization that desires to use the offer of Discounts on drink and/or food to entice potential visitors to consume said drink and/or food within the premises of said organization's physical location, and in regards to such usage, said organization would be an "Establishment" in these Terms of Use (and our other agreements, such as our Privacy Policy).

In regards to any Discount (or other offer) listed in our systems or any other agreement for sale or contract entered into between our Users and/or the Establishments listed in our systems, My Free Soda™ is NOT a party to such Discounts, offers, agreements, and/or contracts and may not be held liable for any deficiency of any party to such Discounts, offers, agreements, and/or contracts or any aspect of enforcement of such Discounts, offers, agreements, and/or contracts. Additionally, My Free Soda™ is NOT responsible for any costs related to the execution of such Discounts, offers, agreements, and/or contracts.

Although My Free Soda™ may offer to help facilitate interactions or provide advice on aspects of interactions for Users and/or Establishments engaging in the process of forming and/or executing such Discounts, offers, agreements, and/or contracts, it is your decision to use those facilitations and/or advice, or to refrain from doing so. Your decision to use any of our facilitations and/or advice, or not to do so, does NOT confer any liability upon us for the effects and/or outcomes related to your decision.

My Free Soda™ does NOT warrant or guarantee any aspect of any Discount or other offer displayed (or otherwise marketed or provided) to you through any of its Services and does NOT incur any liability in regards to such information posted using our Services.

Also, any User of the My Free Soda™ Services may post information that indicates specific Discounts or other offers are available at one or more Establishments. Regardless of whether or not such information has been vetted or approved by representative(s) of said Establishment(s), the User posting said information does NOT warrant or guarantee any aspect of any Discount or other offer and does NOT incur any personal liability in regards to such information posted using our Services. Also, if represenatitve(s) of said Establishment(s) have NOT vetted or approved such information, said Establishment(s) do NOT warrant or guarantee any aspect of any Discount or other offer posted by said User and do NOT incur any liability in regards to such information posted using our Services. Furthermore, if representative(s) of said Establishment(s) have vetted and/or approved such information, said Discounts or other offers may still be subject to legal terms that preclude or limit any warrant (or guarantee) of their validity and/or any liability incurred in regards to said Discounts or other offers on behalf of said Establishment(s). Additionally, in regards to any User(s) representing said Establishment(s) in the process of vetting or approving such information, such User(s) do NOT personally warrant or guarantee any aspect of any Discount or other offer and do NOT incur any personal liability in regards to such information posted using our Services.

Additionally, My Free Soda™ may at times display information that is intended to illustrate a constructive example of how to use our system. Such illustrative information may or may NOT be clearly labeled as such, depending on how My Free Soda™ sees fit to present such information for its business purposes. Furthermore, My Free Soda™ does NOT imply or warrant in any manner that such illustrative information actually relates in any way to any real Discount, offer, agreement, or contract and explicitly advises you NOT to factor such illustrative information into your decision making process when offering, considering, procuring, or exercising any Discount, offer, agreement, or contract.

4. My Free Soda™ Usage

You agree to use My Free Soda™'s Services in "good faith" under the Purpose for which they are provided, namely to offer and procure Discounts (or other offers) for drink and/or food consumed on the premises of an Establishment. Additionally, you agree NOT to use any aspect of any of our Services to compete with or reverse-engineer My Free Soda™ for any reason.

If you are deemed to NOT be using My Free Soda™'s Services in "good faith", your access to our Services may be altered, suspended, or terminated, as we see fit. In resolving such matters of misuse, we reserve the right to take any action available to us to restrict or prevent the usage or our Services in such regard. Any leniency shown to any specific User in any regard does NOT guarantee that such leniency will be afforded to any other User.

We reserve the right to refuse, preclude, modify, or terminate our Services for any potential or actual User at any time, as we see fit in regards to any potential or actual User.

Additionally, by using our Services, you stipulate that:

1) You are at least 18 years of age and capable of entering into legally binding contracts,

2) You will only post information that is to the best of your knowledge BOTH correct AND accurate, and that you accept full responsibility for the correctness and accuracy of such information,

3) You will NOT breach any government laws or regulations in your usage of our Services,

4) You will NOT breach or circumvent any aspect of these Terms of Use or any other policies under which we provide Services to you,

5) If you post a Discount or other offer as a representative of an Establishment, said Establishment will NOT fail to provide said Discount or other offer to a User who requests to exercise said Discount or other offer, unless for good reason that is communicated to us,

6) If you are a User exercising a Discount or other offer, you will NOT fail to meet the terms of said Discount or other offer as specified by the Establishment offering said Discount or other offer, unless for good reason that is communicated to us,

7) You will NOT impugn, undermine, or interfere with any Discount or other offer listed in our systems for any purpose that is NOT in "good faith", such as to hurt a competitor Establishment,

8) You will NOT use our Services in a manner that attacks or otherwise weakens the performance of our systems,

9) You will NOT post information that is inappropriate, libelous, deceptive, false or misleading,

10) You will NOT infringe any Intellectual Property (IP) rights of My Free Soda™, whether patent, trademark, copyright, or other,

11) You will NOT infringe any Intellectual Property (IP) rights of any other User whose information you gain access to through our Services,

12) You will NOT post malicious, abusive, or otherwise detrimental content through our Services,

13) You will NOT use any information to which you gain access through our Services to post malicious, abusive, or otherwise detrimental content through our Services or elsewhere, and

14) You will not share your login credentials or transfer your account to another person without BOTH informing us AND gaining our consent prior to any such transfer.

5. Your Content

You agree to ONLY upload content through our Services that you are legally entitled to upload and that is in compliance with these Terms of Use. By uploading such content, you warrant that you hold all necessary legal rights to do so, and you agree to indemnify My Free Soda™ (and its officers, employees, representatives, and subsidiaries) in the event that any action detrimental to My Free Soda™ occurs as any consequence or result of the information that you uploaded.

Additionally, for any content that you upload, you agree to provide My Free Soda™ with a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, assignable, transferable, and sub-licensable right to reproduce, display, or otherwise use any and all Intellectual Property contained in that content for any purpose related to providing our Services, promoting our Services, marketing our Services, or any other function that is any way related to our Services.

In relation to any content that you uploaded, in the event a claim or dispute arises to which My Free Soda™ is a party, you agree to indemnify My Free Soda™ (and its officers, employees, representatives, and subsidiaries) against any penalty or any other detrimental result incurred against My Free Soda™ (or its officers, employees, representatives, and subsidiaries).

6. Contacting You

By registering for a My Free Soda™ User account, you agree that My Free Soda™ may contact you by phone, email, physical mail, or any other means that you provide to My Free Soda™, whether directly or indirectly through other websites or systems, for any reason that My Free Soda™ deems necessary.

Examples of reasons to contact you include, but are not limited to: 1) verifying the identity of you or your Establishment, 2) helping you to create a listing for a Discount (or other offer), 3) notifying you of deficiencies of your listing, 4) resolving a dispute, 5) troubleshooting or otherwise supporting My Free Soda™ account issues, 6) enforcing these Terms of Use, 7) or any other reason connected to your usage of our Services.

Additionally, when you supply any contact information to My Free Soda™ through its various web forms, regardless of whether or not you have formally registered for a My Free Soda™ User account, you agree that My Free Soda™ may contact you or your Establishment by phone, email, physical mail, or any other means that you provide to My Free Soda™, whether directly or indirectly through other websites or systems, or by any other means that My Free Soda™ infers as corresponding to you or your Establishment from available information and/or resources for any reason that My Free Soda™ deems necessary.

Without further notice, My Free Soda™ may monitor or record any audio or video interaction with you (or agents interacting on your behalf) for the purpose of verifying any information that was provided, quality control, training, or otherwise as necessary for My Free Soda™'s own legal protection.

7. Exercised Discounts

Upon a User requesting a Discount (or other offer) listed in our Services from the Establishment that provides said Discount (or other offer), upon the Establishment (or its representatives) confirming the validity and terms of said Discount (or other offer), and upon the User promising to fulfill the terms required by the Establishment to obtain the Discount (or other offer), we deem the Discount (or other offer) as "exercised".

An Exercised Discount (or other exercised offer) creates a contract between the User and the Establishment. It is the responsibility of the User and the Establishment to execute such contracts. In regards to any and all matters related to such contracts, My Free Soda™ is NOT a party to such contracts and is NOT responsible for ensuring they are executed faithfully. Furthermore, My Free Soda™ is NOT liable for any issues that arise from any aspects of such contracts.

However, if one or more Users and one or more Establishments do not successfully execute one or more contracts on one or more Exercised Discounts (or other exercised offers), My Free Soda™ may become involved for the purpose of helping to find a satisfactory resolution. In such cases, all relevant Users and Establishments (and their functionaries and representatives) agree to indemnify My Free Soda™ (and its officers, employees, representatives, and subsidiaries) against any negative repercussion resulting in any way from any involvement in any regards to any such contracts.

Additionally, regardless of whether or not contract issues are resolved in a manner satisfactory to all relevant parties, My Free Soda™ reserves the right to modify, reduce, or terminate access to our Services for any party involved in such issues.

8. Upcoming Contests

In the future, My Free Soda™ plans to provide contests for users of our website to enter. Users can find information about our upcoming contest at our upcoming contests page. For example, My Free Soda™ currently plans to provide users of our website with the ability to enter food giveaway contests, where specific users might win coupons for a certain amount of free food and where said coupons might be redeemable at participating restaurants.

The details of any upcoming contest that My Free Soda™ plans to provide may change at any time. Additionally, upon implementation of any such contest, entrance into that contest by any particular user may be subject to additional provisions that may in the future be included in these Terms of Use and/or additional provisions that may be specified in other legal documents on the My Free Soda™ website or elsewhere.

Also, My Free Soda™'s intent to provide any specific contest for users, regardless of whether My Free Soda™ has announced said intent or not, does NOT constitute a promise to do so. In notifying users of its intent to provide a specific contest, My Free Soda™ in no manner obligates itself to actually provide that contest or any other contest in the future. Reasons for NOT providing a contest may include: 1) inability to find sponsors to cover the cost, 2) inability to find restaurants willing to participate in the contest, and/or 3) any other reason that My Free Soda™ determines for not offering the contest. My Free Soda™'s failure to provide any specific contest, regardless of whether My Free Soda™ has announced said contest or not, would NOT provide users with any cause for claim against us.

Also, My Free Soda™ is NOT obligated to consider and/or accept any particular offer of sponsorship from any company, organization, or other entity for any contest or any other content, event, or property that we own, produce, and/or manage. My Free Soda™ reserves the right to decline any offer of sponsorship from any company, organization, or other entity based on monetary amount, reputation, strategic fit, and/or any other reason that My Free Soda™ determines for not accepting the sponsorship offer.

9. Disclaimer of Warranties

Our Services are provided "AS IS", without warranty of any kind (express or implied), including (but not limited to) the warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall My Free Soda™ be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with our Services or the use or other dealings in our Services.

10. Limitation of Liability

To the maximum extent allowed by law, in no event shall My Free Soda™ (or its officers, employees, representatives, and subsidiaries) be liable to you or any third party for any damages, losses, or other detrimental outcomes under any claim at law or in equity that arises from the usage of our Services. You agree that My Free Soda™ (and its officers, employees, representatives, and subsidiaries) is expressly excluded from any responsibility in any regards for all such damages, losses, and other detrimental outcomes, regardless of the situation under which such claims arise.

11. Maximum Claim

As some jurisdictions preclude disclaimers of warranties and limitations of liability, regardless of the previous paragraphs, if My Free Soda™ (or its officers, employees, representatives, and subsidiaries) is found to be liable to you or any third party for any claim, the amount of the judgment shall not exceed the lesser of the amount of fees that you paid to My Free Soda™ in relation to the dispute for the prior twelve (12) months for use of our Services or $100.

12. Release

In the event that a dispute arises between you (or your representatives) and one or more other users (or their representatives), you release My Free Soda™ (and its officers, employees, representatives, and subsidiaries) from claims, demands, penalties, damages, costs, or any other kind of repercussion, known or unknown, of such disputes. You also waive any protections that may limit the coverage of this release.

13. Indemnity

You agree to hold My Free Soda™ (and its officers, employees, representatives, and subsidiaries) harmless from any cost, penalty, damage, or other adverse or detrimental effect arising from any claim or demand made by any third party related to your improper use of our Services, your breach of these Terms of Use, or your breach of any law or rights of a third party.

14. Application of Law

You agree that the laws of the State of California (unless pre-empted by U.S. Federal Law) shall govern any disputes that arise between you and My Free Soda™, unless otherwise stated in these Terms of Use.

15. Agreement to Arbitration

For any claims or disputes that arise through your usage of our Services, both you and My Free Soda™ agree to use binding and final arbitration, rather than pursue legal action in court or any other action in any other venue other than arbitration.

Additionally, both you and My Free Soda™ agree that all such claims or disputes shall be brought forward on an individual basis, and neither side shall seek to consolidate similar claimants as a group or class. To this end, the arbitrator shall be powerless to resolve disputes brought forward as a group or class, and any relief decided by the arbitrator for a specific dispute shall only apply to the parties of that specific dispute.

Also, if you pursue claims or disputes by means of resolution other than arbitration, to the maximum extent allowed by law, by using our Services, you agree to indemnify My Free Soda™ (and its officers, employees, representatives, and subsidiaries) fully against any action brought by you or your representatives seeking a decision against My Free Soda™ (or its officers, employees, representatives, and subsidiaries) in any court or any other venue other than arbitration.