1. Ownership and Operation
2. Agreement to Be Bound
3. Continuing Agreement
4. Use of Site Materials
5. Downloaded Software
6. Privacy
7. Submissions
8. Geographic Scope of Site
9. Links to Other Sites
10. Contents of the Web Site - Disclaimer
11. Operation of the Web Site - Disclaimer
12. Limitation of Liability
13. Limitations as to Paragraphs 10, 11 and 12
14. Postings
15. Availability of Help
16. Applicable Law; Jurisdiction
17. Severability
18. No Waiver
19. No Legal Effect

This web site belongs to The Fizzy Fruit Company, Inc., 1001 SW Fifth Ave., Portland, Oregon 97204, US. Our phone number is 503-535-8026. Fizzy Fruit may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.

Your use of this web site constitutes your agreement with Fizzy Fruit to be bound by, and to act in accordance with, these Terms of Use.

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use.

Fizzy Fruit owns the copyright for all of the material on the web site or has a valid right from a third party to use material on the web site. Fizzy Fruit also owns or has a valid right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Fizzy Fruit's copyright and other proprietary rights. The use of any such material on any other web site or computer network without Fizzy Fruit's written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Fizzy Fruit, is strictly prohibited.

For information on how Fizzy Fruit uses and protects the personal information you may provide on this web site,
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All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Fizzy Fruit through this web site will become and remain the exclusive property of Fizzy Fruit, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Fizzy Fruit's unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Fizzy Fruit has no obligation to keep your submissions confidential.

Fizzy Fruit controls and operates this web site from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those Fizzy Fruit products that are sold by Fizzy Fruit in the United States and its territories, and Fizzy Fruit makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.

For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by Fizzy Fruit. These links do not mean that Fizzy Fruit endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Fizzy Fruit liable for any damage that might result from your use of such information or products.

The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Fizzy Fruit disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Fizzy Fruit does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Fizzy Fruit undertakes no obligation to verify or maintain the currency of such information.

Certain links in this web site may link you to other sites on the worldwide web. The linked sites may not be under the control of Fizzy Fruit and Fizzy Fruit is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Fizzy Fruit is not responsible for webcasting or any other form of transmission received from any linked site. Fizzy Fruit is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Fizzy Fruit to, or an endorsement by Fizzy Fruit of, the linked site or any products or services which may be offered there.

Fizzy Fruit endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, Fizzy Fruit expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Fizzy Fruit makes no warranty that (1) the operation of the web site will meet the user’s requirements; (2) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (3) the results that may be obtained from the use of the web site will be accurate or reliable; or (4) defects will be corrected. You (and not Fizzy Fruit) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

Under no circumstances shall Fizzy Fruit be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Fizzy Fruit shall not be liable even if Fizzy Fruit or a Fizzy Fruit authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Fizzy Fruit's total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Fizzy Fruit may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, Fizzy Fruit is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, 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. Fizzy Fruit will fully cooperate with any law enforcement authorities or court order requesting or directing Fizzy Fruit to disclose the identity of anyone posting any such information or materials. Fizzy Fruit may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Fizzy Fruit, its customers or the public.

This web site may provide a Help file or other instructions for the use of this site. However, you understand that Fizzy Fruit is under no obligation to provide any support for the use of the web site.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Oregon, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of Oregon or the United States District Court for the state of Oregon, and you hereby accept and submit to the personal jurisdiction of these Oregon courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No failure on the part of Fizzy Fruit to enforce any part of these Terms of Use shall constitute a waiver of any of Fizzy Fruit's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Fizzy Fruit nor the reliance of any person on Fizzy Fruit's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Fizzy Fruit shall have any legal effect whatsoever.

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.