Terms and Conditions

 

FIZZGIG WEB SITE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Fizzgig web site located at www.fizzgig.co, and all associated sites linked to www.fizzgig.co (hereinafter collectively referred to as the “Site”).  Fizzgig (hereinafter referred to as “Fizzgig”) is an Iowa company with its principal place of business located at 5055 NE 96th St., Altoona, Iowa. Unless otherwise specified, the materials on the Site provide information about Fizzgig, its services, and its products.

Fizzgig operates this Site from its company headquarters in Altoona, Iowa and Iowa law shall govern any and all action concerning your use of this Site. You hereby agree to submit to the jurisdiction of the courts located in the state of Iowa for the resolution of all disputes arising from or related to the Terms of Use, without regard to the choice or conflicts of law provisions of any jurisdiction. Fizzgig does not in any way imply that the materials on the Site or products described are available in all jurisdictions where we operate or in a jurisdiction where we are not licensed to do business or that we are soliciting business in any such jurisdiction.

AGREEMENT TO TERMS

The Site is provided as a service to our customers and potential customers. Please review the Terms of Use, which govern your use of this Site. By using this Site, you unconditionally agree to follow and be bound by the Terms of Use. Although you may bookmark a particular portion or page of this Site and thereby bypass the Terms of Use, your use of this Site still binds you to those terms. BY USING THE SITE, YOU AGREE TO THE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Fizzgig reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Terms of Use, Fizzgig grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

INTELLECTUAL PROPERTY

Unless otherwise noted, all materials that are part of this Site, including but not limited to images, text, illustrations, designs, icons, photographs, products, processes, programs, technology, video clips, logos, artwork, computer code, and written and other materials (collectively, “Content”), and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, are owned, controlled, or licensed by Fizzgig, one of its affiliates, or by third parties who have licensed their materials to Fizzgig, and are protected by copyright, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws. The compilation of all Content (exclusive of content provided via links to third party websites) on this Site is the exclusive property of Fizzgig and is also protected by copyright laws.

Fizzgig expressly reserves all intellectual property rights in and to all Content. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any of Fizzgig’s or any third party’s intellectual property rights.

Fizzgig’s name and logo(s) and all related product and service names, design marks, and slogans are the trademarks or service marks of Fizzgig. No trademark or service mark license is granted in connection with the Content on this Site. Access to this Site does not authorize you to use any name, logo, or mark in any manner.

USE OF SITE

You may download or copy the Content of this Site for your personal use only. If you elect to download or copy any Content of this Site, no right, title or interest to any of the Content is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way the Content of this Site or any related software. All software used in the operation or creation of this Site is the property of Fizzgig and is protected by U.S. Copyright law.

You may use information on Fizzgig’s products and services purposely made available by Fizzgig for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of documents containing such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.

SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including but not limited to, (1) accessing information not intended for you or logging onto a server or an account which you are not authorized to access, (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security without authorization, (3) attempting to interfere with the service of any other user, host, or network, including submission of a virus to the Site, overloading, flooding, spamming, mail bombing, or crashing the Site, (4) sending unsolicited email including promotions and/or advertisements of products or services to Fizzgig or any employees of Fizzgig. Violations of system or network security could result in civil and/or criminal action against you. Fizzgig will investigate occurrences that may involve such violations and may involve and cooperate with local and federal law enforcement in prosecuting such violations. You shall not use any device, software, or other tool to interfere with the property and normal operation of this Site or any activity being conducted via this Site.

SUBMISSION OF INFORMATION

Except for personal information governed by the terms of Fizzgig’s Privacy Policy (the “Privacy Policy”), information and other materials voluntarily submitted, disclosed, offered, uploaded, posted, e-mailed, or otherwise transmitted (“Submitted”) to Fizzgig via or in connection with this Site shall become the property of Fizzgig. Fizzgig may use the information and materials submitted in its business operations, including but not limited to any ideas, concepts, or suggestions. Such Submission of any information or materials to Fizzgig shall constitute an assignment of all rights, titles in interest, and all copyrights and other intellectual property rights in the information or materials to Fizzgig. Fizzgig is and shall not be required to maintain confidentiality for such information or materials, to pay the user or submitter of such information or materials compensation for the information or materials, or respond to any information or materials Submitted. You agree that you will not Submit any information or materials to the Site which will or could violate any copyright, trademark, or other intellectual property rights of a third party or any privacy or other rights in protected information of a third party. You agree that you will not Submit information or materials to the Site constituting libelous, harassing, degrading, abusive, obscene, or otherwise illegal material. You are solely responsible and liable for the content of any information or materials Submitted. For these reasons, we ask that you not Submit any information or materials you do not wish to have assigned to Fizzgig, including any confidential information or any original creative materials such as stories, ideas, computer code, or original artwork.

PRIVACY

The Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference.  View the Privacy Policy.

DISCLAIMER

THIS SITE IS PROVIDED BY FIZZGIG ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FIZZGIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, FIZZGIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTENT AND ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE.

LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FIZZGIG, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, AFFILIATES, AND/OR BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT FIZZGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the foregoing, Fizzgig is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fizzgig’s liability shall in no event exceed the greater of (a) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against Fizzgig, or (b) $100,000. The foregoing limitation may not apply in jurisdictions that do not allow limitations of liability.

MODIFICATION OF SITE

Fizzgig reserves the right to alter, change, modify, and correct the Content and any other material available on this Site, including the Terms of Use, at any time without prior notice. Said changes shall supersede the previous Terms of Use without the user’s consent. Fizzgig may terminate your use of the Site at any time without notice.

VIOLATION OF THE TERMS OF USE

Fizzgig may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fizzgig’s rights or property, or the rights or property of visitors to or users of the Site, including Fizzgig customers. Fizzgig reserves the right at all times to disclose any information that Fizzgig deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Fizzgig also may disclose your information when Fizzgig determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Fizzgig may preserve any transmittal or communication by you with Fizzgig through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Fizzgig determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Fizzgig, its employees, users of or visitors to the Site, and the public.

You agree that Fizzgig may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. You also agree that any violation by you of the Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fizzgig, for which monetary damages would be inadequate, and you consent to Fizzgig obtaining any injunctive or equitable relief that Fizzgig deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fizzgig may have at law or in equity.

If Fizzgig does take any legal action against you as a result of your violation of these Terms of Use, Fizzgig will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fizzgig. You agree that Fizzgig will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use or as otherwise specified herein.

VIRUSES

Fizzgig cannot and does not guarantee or warrant that files available for downloading from this Site are free of viruses, worms, trojan horses, or other codes that may have contaminating or destructive properties. It is the user’s responsibility to review and scan any and all downloaded materials from this Site or any links provided by this Site. Fizzgig will not be responsible or liable for any damage caused by your use of this Site.

INACCURACIES OR ERRORS

The descriptions, pictures, representations of products, or other information available on this Site and the Content may contain inaccuracies and/or errors. Fizzgig does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on this Site may change without notice to you at any time in Fizzgig’s sole discretion. Fizzgig shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fizzgig, its affiliates, and subsidiaries, and its and their employees, officers, directors, contractors, agents, and business partners from any and all liabilities, claims and expenses, including attorneys’ fees, that may arise from or be related to your use or misuse of this Site or breach of these Terms of Use. Fizzgig reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fizzgig in asserting any available defense.

EXTERNAL LINKS

This Site may contain links to various websites that we do not control. When you click on one of these links, you will no longer be transacting business through the Site. Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to this Site. If you visit a website that is linked to this Site, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

SEVERABILITY AND ENFORCEMENT

If any provision of the Terms of Use is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement and will not impair the validity, legality, or enforceability of the remaining provisions.

If Fizzgig does not enforce any right or provision in the Terms of Use, that is not to be deemed a waiver of our right to do so in the future.

ENTIRE AGREEMENT

The agreement sets forth the entire understanding of the parties with regard to use of this Site and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement.