Qualification Agreement

Any person or entity accessing the GotSoda.com website or any of the information contained herein (“User”) agrees to and is bound by the following terms and conditions of this GotSoda.com website user agreement (“agreement”):

1. The owner of the GotSoda web site provides the content, information, products, and services "AS IS", with no warranty express or implied, including warranties of fitness for a particular purpose or warranties of merchantability.

2. User agrees that its use of the GotSoda web site and any information obtained therefrom is at the sole risk of User. User hereby waives all claims against the owners of GotSoda, GotSoda.com, Inc., their affiliates, officers, directors, employees, agents, and representatives ("GotSoda"), and any of GotSoda's suppliers or programmers. User agrees to hold harmless, defend, and indemnify GotSoda for all damages that may be incurred by GotSoda, including attorney's fees, related to User's use of GotSoda's web site or User's use of any information obtained through User's use of GotSoda's web site.

3. GotSoda makes no representations about any Web Site not under GotSoda's control that a User may access from GotSoda's website-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by GotSoda or otherwise on GotSoda's web site does not constitute GotSoda's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

4. GotSoda agrees to treat User's information in accordance with GotSoda's Privacy Policy (http://www.GotSoda.com/privacy.htm) unless provided otherwise in this Agreement.

5. User agrees not to attempt to damage, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with GotSoda's web site in any manner. If User in any way Interferes with GotSoda's web site, User agrees to pay all damages incurred by GotSoda, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by GotSoda. User's Interference with GotSoda's web site relieves GotSoda of any of its contractual or other legal obligations to User, including GotSoda's obligations under its Privacy Policy. GotSoda will cooperate with the authorities in prosecuting any User who Interferes with GotSoda's web site, attempts to defraud GotSoda, or attempts to defraud credit card companies or any other parties through User's use of GotSoda's web site or services.

6. GotSoda reserves the right to refuse any or all service to any User for any reason, at any time, at GotSoda's sole discretion. User agrees that GotSoda may block its IP address or addresses at any time, and at GotSoda's sole discretion, thereby disallowing User's continued use of GotSoda's web site.

7. USER AGREES NOT TO CIRCUMVENT GotSoda'S PRIVACY OR SECURITY MEASURES FOR SURVEY TAKERS. If User sets up a survey and marks it as "aggregate" or "anonymous" or any other terms that GotSoda chooses to denote that the survey responders retain their privacy, and, thereafter, User tries to violate the responders' privacy, User agrees to hold harmless, defend, and indemnify GotSoda for any liability to other Users or third parties, including all attorney's fees incurred by GotSoda as a result of User's actions. This agreement by User to defend, indemnify, and hold harmless GotSoda is in addition to any other legal rights or remedies GotSoda may have under any other part of this Agreement or under the law.

8. User agrees not to use excessive resources, as determined by GotSoda, in its sole discretion, may take any measures GotSoda deems appropriate, at any time, with or without notice, in response to "excessive" resource use by User. User agrees that GotSoda shall not be liable to User for any actions GotSoda takes to ameliorate excessive use by any User. USER AGREES NOT TO USE GotSoda'S EMAIL OR INVITATION FACILITIES FOR SENDING UNSOLICITED COMMERCIAL EMAIL (UCE) OR 'SPAM.'

9. The User Agreement, Privacy Policy, and other terms of service may be changed without notice by GotSoda, and use of GotSoda's website or services constitutes agreement with and acceptance of any such changes.

10. User agrees that GotSoda's liability to User under this Agreement shall be limited to the amount User has paid GotSoda for its services.

11. Refunds: GotSoda does not warrant the success of any surveying effort. GotSoda will NOT offer refunds, unless GotSoda decides to in its sole discretion, and where the following conditions have been met: where a survey was activated in error and no responses have been received for such survey, GotSoda may in its sole discretion decide to provide a refund of the price paid for the survey (this refund is a matter of courtesy and customer satisfaction, but GotSoda is not contractually obligated to provide any refund under this Agreement). A refund, if any, will be issued within 90 days of GotSoda's decision to issue a refund; refunds will be in the form of a check or a credit-card refund, whichever GotSoda chooses at GotSoda's sole option.

12. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.

13. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of  California, without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit, or proceeding (collectively, "Claim") between GotSoda and the User that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with a Court of competent jurisdiction in the Commonwealth of  California. Provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of  California. User hereby consents to the in personam (personal) jurisdiction of said courts.

14. GotSoda reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available to GotSoda at law or in equity.

15. All images, text, programs, and other materials found on GotSoda's website are protected by U.S. and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on GotSoda's web site is strictly prohibited without the express written consent of GotSoda.

16. The service marks "GotSoda", "Soda Maker Giveaway", and any other names, logos, marks, and taglines identifying GotSoda's services are proprietary marks of GotSoda and its affiliates. All other trademarks and service marks are the property of their respective owners.

17. User agrees not to falsify or misrepresent any information provided to GotSoda. User further agrees that any information submitted to GotSoda by User becomes the property of GotSoda, and User hereby expressly grants GotSoda the authority and right to use any information submitted in accordance with GotSoda's corporate policies. For purposes of this Agreement, "information submitted to GotSoda" shall not include information in surveys hosted by GotSoda on behalf of its customers or responses to such surveys.

18. User represents and warrants that User has ownership or other authority to post any sound, image, text, or other material it posts on GotSoda's website. Any sound, images, text, or other materials provided by a User and hosted on GotSoda's web site remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a survey hosted by GotSoda on behalf of its customers or responses to such surveys. User agrees that GotSoda is not responsible for any material posted on its website by User and that GotSoda assumes no liability for User's posted materials. User agrees to defend, indemnify, and hold harmless GotSoda from any liability related to material User posts on GotSoda's website.

19. The term "survey owner," when used in the instructional documentation to GotSoda's website and services, is a term of art intended to specify a customer of GotSoda who has immediate control over a particular survey. The use of the term "survey owner" in such contexts does not imply or create any condition of ownership of computer resources or intellectual property. User's interest in any survey arises solely from User's ongoing relationship as customer with GotSoda, and ends when such relationship ends. Any interest User has in a survey does not extend to any resources, program code, technical knowledge, or any intellectual or other property provided by GotSoda in the creation, hosting, or tabulation of that survey.

20. GotSoda is intended for survey creators and respondents of the age of majority. GotSoda may not be used by, or to collect information from, minor children, according to laws in the minor's locality, without parental permission. User shall in no case use GotSoda to collect information from children under age 13 without parental permission. User agrees to defend, indemnify, and hold harmless GotSoda from any liability related to use of GotSoda's website and services in a manner inconsistent with this Agreement.

21. All of GotSoda's rights and remedies under this Agreement are cumulative and in addition to any other rights or remedies under this Agreement or under the law.

22. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both GotSoda and User.