These terms will be effective May 9, 2022.
Terms and Conditions
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and/or registered by the Company and its affiliates (collectively, the “Materials”). You should assume that all Materials contained in the Site are either the intellectual property of the Company or its affiliates or the intellectual property of third parties. The Company neither represents nor warrants that your use of the Materials will not infringe the intellectual property rights of third parties not owned by or affiliated with the Company.
You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for commercial purposes, including, without limitation, the text, images, audio and video.
Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of the Company, its affiliates, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
While the Company uses reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to the accuracy, correctness, and reliability of such information. The Company makes no representations that the Materials presented on this Site are appropriate or available for use in countries other than the United States. Those who do access this Site from other countries are solely responsible for compliance with the local laws of that country. Moreover, the Company does not assume any liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) contained in the Material contained on the Site.
Information on the Site is subject to change without notice. Information regarding the Company’s products is applicable only in the United States, unless otherwise expressly noted. Certain Company-branded products may not be available in certain territories.
Use of the Site is done at user’s own risk. Neither the Company nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of user’s access to, or use of the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, the Company may ask that you transmit to the Site, by e-mail, your feedback on its products. Any communication or material you transmit or post to this Site will be (a) treated as non-confidential and non-proprietary by the Company, (b) become the property of the Company, in which the Company shall now and hereinafter own all rights, title, and interest therein, and (c) be used without restriction by the Company or its licensees and affiliates at their sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise.
Notwithstanding the foregoing, the Company maintains a longstanding policy of not accepting or considering any unsolicited creative ideas, suggestions or materials from the public (“Submissions”) and, therefore, you should not make any Submissions to the Company in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of the Company and we shall exclusively now and hereinafter own all rights, title, and interest therein. Moreover, the Company shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. The Company shall not be liable for or be responsible for payment of any compensation for such use or disclosure of such Submission or for any similarities in the Submission and any future Company uses or activities.
This Site may link to sites not maintained by or related to the Company or its affiliates. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products of the Company. The Company has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
In the event that the Company may, from time to time, allow for discussions, chats, postings, transmissions, bulletin boards and the like on the Site, we are under no obligation to monitor or review such transmitted information and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Nonetheless, the following standards strictly apply to any and all material that you contribute to the Site (“Contributions”) and any associated interactive services:
- Be accurate and truthful (when they state facts).
- Be genuinely held (when they state opinions).
- Comply with the laws of the United States of America and in any other country where they may be published. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company or its affiliates to disclose the identity of anyone posting any such information or materials.
Contributions shall not:
- Contain 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.
- Infringe any copyright, trademark, right to publicity or right to privacy of any third party entity or individual.
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidentiality.
- Give the impression that they emanate from the Company.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. Any dispute or claim relating in any way to your use of the Site or to any products sold by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or when you engage in efforts to interfere with the Site or engage with the Site in unauthorized ways (for example, automated ways). Class actions and class arbitrations are not permitted; you and the Company may bring a claim only on your own behalf and cannot seek relief that would affect other users of the Site. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you provided to the Site, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Quash Seltzer, LLC, Attn: Office of General Counsel, 1600 N. Park Drive, Weston, Florida 33326. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provided when you accessed the Site, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
Additional Rules for Non-appearance Based Arbitration. If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Waiver of Jury Trial. You hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Venue. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the State of Florida without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in Broward County Florida, and you waive any objection to such jurisdiction or venue.
Survival. This Arbitration Agreement will survive the termination of your relationship with the Company.