information to lawfully compliant users (the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you,” “your,” and “User” refer to you, a user of our Site and/or Services.

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At Daizy’s Social Soda, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://drinkdaizys.com/privacy-policy (the “Privacy Policy”). By using the Site or Services, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.

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1. Legally Binding Terms

THESE TERMS OF USE (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

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2. Agreement to Arbitrate and Important Legal Rights

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS RESOLVED BY A JURY OR IN A COURT OF LAW.

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3. Important Disclaimers

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3.1 Acknowledgment of Applicable Laws:

The products displayed and available for sale on this Site (1) are hemp-derived cannabinoid products that comply with the federal legal limit containing less than 0.3% delta-9 tetrahydrocannabinol (THC), (2) do not claim to diagnose, treat, mitigate, cure, or prevent any disease, and (3) have not been evaluated or approved by the United States Food and Drug Administration (FDA) for safety, efficacy, effectiveness, or quality. You expressly acknowledge that you are familiar with and assume full responsibility for complying with all laws regarding the use, possession, and consumption of the products on the Site in your state and local municipality. You are responsible for ensuring that your use of the Site and Services is compliant with all applicable laws and regulations.

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3.2 Use:

The Site and the Service are controlled and operated by Daizy’s Social Soda. We make no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in your location. Your use of or access to the Service should not be construed as Daizy’s Social Soda purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction other than Texas.

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4. Access to and Use of the Site and/or the Service

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4.1 Eligibility:

In order to use and enjoy the Site and/or the Service, you must be 21 years of age or older. If you are under the age of 21, please immediately cease your use of the Site.

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4.2 Registration Obligations:

You may register with Daizy’s Social Soda or provide information about yourself (e.g., name and email address) to access and use certain features of the Site or Services. If you choose to register for the Site or Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s or Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.

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4.3 Account, Password, and Security:

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Daizy’s Social Soda of any unauthorized use of your password or account or any other breach of security.

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4.4 Modifications to Services:

Daizy’s Social Soda reserves the right to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. You agree that Daizy’s Social Soda will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

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5. Site License

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5.1 License:

Subject to the terms of this Agreement, Daizy’s Social Soda grants you a non-transferable, non-sublicensable, non-exclusive license to use the Site and Services for personal and internal business use.

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5.2 Restrictions:

The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, transfer, or otherwise exploit the Site or Services for any commercial purposes; (b) you shall not modify or make derivative works of the Site or Services; (c) you shall not access the Site or Services to build a competitive service; and (d) no part of the Site or Services may be reproduced, downloaded, or transmitted in any form or by any means without express permission.

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6. Intellectual Property and Content

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6.1 Ownership:

All intellectual property rights in the Site and Services, including any technology and software underlying the Site, are owned by Daizy’s Social Soda or its licensors. No rights are granted to you other than those expressly granted in this Agreement.

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6.2 User Content:

You are solely responsible for all content that you make available via the Site or Services, including posts, uploads, and communications. By uploading content, you grant Daizy’s Social Soda a worldwide, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use your content.

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7. Dispute Resolution and Arbitration

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7.1 Agreement to Arbitrate:

Any disputes arising out of or relating to this Agreement will be resolved exclusively through binding arbitration, in accordance with the Federal Arbitration Act and JAMS’s rules.

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7.2 Waiver of Class Actions:

You and Daizy’s Social Soda agree to waive any rights to participate in class actions or consolidated legal proceedings.

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8. Indemnification

You agree to indemnify and hold Daizy’s Social Soda harmless from any losses, damages, or liabilities arising from your use of the Site or Services, violation of this Agreement, or violation of any applicable laws.

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9. Limitation of Liability

To the fullest extent permitted by law, Daizy’s Social Soda shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Site or Services. In no event shall Daizy’s Social Soda’s liability exceed fifty dollars ($50).

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10. Termination

This Agreement will remain in full effect while you use the Site or Services. Daizy’s Social Soda reserves the right to terminate your access to the Site or Services at any time without notice.

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11. General

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11.1 Governing Law:

This Agreement will be governed by the laws of Texas, without regard to its conflict of law provisions.

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11.2 Entire Agreement:

This Agreement constitutes the entire agreement between you and Daizy’s Social Soda regarding the use of the Site and Services.

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Contact Information

For any questions or concerns about this Agreement, please contact us at info@drinkdaizys.com.