Updated February 2nd, 2023
This Terms of Use Agreement sets forth the standards of use of SodaPop information services. By using the SodaPop’s web site and apps you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of any and all SodaPop apps, web sites and related services.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this web site.
Your continued use of SodaPop services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in th&is paragraph, this Agreement may not be amended.
1. Description of Service
SodaPop, LLC. (SodaPop) is providing User with online services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site and apps are provided by SodaPop on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, SodaPop makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SodaPop shall have no liability for any interruptions in the use of our apps and services. SodaPop disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
SodaPop SHALL NOT be liable for any damages whatsoever — and in particular SodaPop shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to our web site or apps, the information contained in them, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SodaPop has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold SodaPop, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of any SodaPop service using User’s computer, of any intellectual property or any other right of any person or entity.
5. User’s Account
Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify SodaPop of any unauthorized use of User’s account or any other breach of security known or should be known to the User. User’s right to use SodaPop Services is personal to the User. User agrees not to resell or make any commercial use of the SodaPop Services without the express written consent of SodaPop, LLC.
6. Modifications and Interruption to Service
SodaPop reserves the right to modify or discontinue the SodaPop Services with or without notice to the User. SodaPop shall not be liable to User or any third party should SodaPop exercise its right to modify or discontinue the Service. User acknowledges and accepts that SodaPop does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
SodaPop apps and services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While SodaPop makes every effort to ensure that the information on this web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided via SodaPop Services.
SodaPop makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts of Pennsylvania
Our core services are operated and provided in the State of Pennsylvania, with servers around the world. As such, we are subject to the laws of the State of Pennsylvania, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Pennsylvania.
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use SodaPop Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available via SodaPop Services, including design components, text, graphics, interfaces, and the selection and arrangements thereof is copyright by SodaPop, LLC., with all rights reserved, or is the property of SodaPop and/or third parties protected by intellectual property rights. Any use of SodaPop materials, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SodaPop is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SodaPop, LLC..
SodaPop™ and www.kortella.com are proprietary marks of SodaPop, LLC. (SodaPop). SodaPop’s trademarks may not be used in connection with any product or service that is not provided by SodaPop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SodaPop.
All other trademarks displayed on SodaPop Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with SodaPop.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SodaPop designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attention: SodaPop Copyright Management Officer
c/o SodaPop, LLC.
Bakery Square
Penn Avenue
Pittsburgh, Pennsylvania, 15206
USA
13. Botnets
SodaPop retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, SodaPop reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SodaPop, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
15. Contacting Us
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us or send your comments to:
Attention: SodaPop Legal Officer
c/o SodaPop, LLC.
Bakery Square
Penn Avenue
Pittsburgh, Pennsylvania, 15206
USA