FIZZ Bag Corporation

These terms of use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the web site owned and operated by Fizz Bags INC, a Delaware corporation (“Fizz Bags”), and located at http://thefizz.online/ (“thefizz.online” or the “Site”). The Site materials on thefizz.online are primarily owned by Fizz Bags. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Fizz Bags. The Site Service (as defined below) is hosted in the United States of America.

By using http://thefizz.online/ you agree to be bound by the terms and conditions of this Agreement and Fizz Bag’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

The services offered on http://thefizz.online/ include information, tools, functionality, features, content, applications offered from time to time by Fizz Bags in connection with the Site, email newsletters and emails with special offers by Fizz Bags and third parties, updates about the Site, contests and other offerings (collectively, the “Service”).

By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse http://thefizz.online/), a “Subscriber” (which means that you have subscribed to receive one or more premium online subscription (each a “Premium Online Subscription”) or you are a “Member” (which means that you have registered with Fizz Bags). The term “you” or “User” refers to a Visitor, Subscriber or a Member. If you wish to become a Member or Subscriber, communicate with other Members or Subscribers and make use of the Service, you must read this Agreement and indicate your acceptance during the registration or subscription process.

If and when you register to become a Member or a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the “Registration Data” or the “Subscription Data”) and (b) maintain and promptly update the Registration Data or Subscription Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Fizz Bags reserves the right to terminate your membership, subscription and/or your use of the Site.

You may not use the Service and you may not accept this Agreement if you are not of a legal age or otherwise unable to form a binding contract with Fizz Bags. Your Membership or Subscription may be terminated without warning, if we believe that you are unable to form a binding agreement with Fizz Bags.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.

Privacy and your Personal Information

For information about Fizz Bag’s data protection practices, please read Fizz Bag’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Fizz Bags treats your personal information when you access http://thefizz.online/ and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. That username and password, together with any other contact information you provide, form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available Internet browser.

You are entirely responsible for maintaining the confidentiality of your Registration Information. If you become aware of any unauthorized use of your Registration Information, you agree to notify Fizz Bags immediately at the email address hitesh.fizzbags@gmail.com.

Your Use of the Service

Your right to access and use http://thefizz.online/ and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use http://thefizz.online/ for lawful purposes.

You may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate.

Your access and use of http://thefizz.online/ may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of http://thefizz.online/ or other actions that Fizz Bags, in its sole discretion, may elect to take.

Online Alerts

Fizz Bags may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your Fizz Bags account, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Fizz Bags may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for http://thefizz.online/. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password. However, alerts may include your http://thefizz.online/  Username and some information about your account. Depending upon which alerts you select, information such as your portfolio balance may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant to Us

By submitting information, data, passwords, usernames, materials and other content to Fizz Bags through the Service, you are licensing that content to Fizz Bags solely for the purpose of providing the Service. Fizz Bags may use and store the content, but only to provide the Service to you. By submitting this content to Fizz Bags, you represent that you are entitled to submit it to Fizz Bags for use for this purpose, without any obligation by Fizz Bags to pay any fees or other limitations.

Fizz Bag’s Intellectual Property Rights

The contents of http://thefizz.online/, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of http://thefizz.online/ belong or are licensed to Fizz Bags or its software or content suppliers (the “Fizz Bags Content”). Fizz Bags grants you a limited, revocable, nonsublicensable license to use the Fizz Bags Content (excluding software code) solely for your personal use in connection with viewing the Site and using the Service. You may download or print a copy of information provided on http://thefizz.online/ for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from http://thefizz.online/ in whole or in part for any other purpose is expressly prohibited without our prior written consent by contacting Fizz Bags at hitesh.fizzbags@gmail.com.

Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor http://thefizz.online/ or any portion of http://thefizz.online/, without Fizz Bags express written consent, which may be withheld in Fizz Bag’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search http://thefizz.online/, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of http://thefizz.online/ or the Service; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of http://thefizz.online/ or the Service.

Third-Party Content

Fizz Bags obtains certain of its Fizz Bags Content from associates and partner companies, which it uses on the http://thefizz.online/ website. The Partners does not endorse, sponsor, certify or approve of any content that it does not provide Fizz Bags and that is included on http://thefizz.online/ or any other website, service or products that may be advertised in or near the information provided by the Partners.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH http://thefizz.online/ OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Fizz Bags MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF http://thefizz.online/ OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Fizz Bags MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON http://thefizz.online/ OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Fizz Bags MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Not a Financial Planner, Broker or Tax Advisor

NEITHER Fizz Bags NOR THE SERVICE IS INTENDED TO PROVIDE, AND SHALL NOT BE CONSTRUED AS PROVIDING, LEGAL, TAX OR FINANCIAL ADVICE. Fizz Bags IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.

The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Fizz Bags does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Fizz Bags shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Limitations on Fizz Bag’s Liability

Fizz Bag’s SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO http://thefizz.online/, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Fizz Bags HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Fizz Bags LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $200.00 (TWO HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Fizz Bags

You shall defend, indemnify and hold harmless Fizz Bags and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending your relationship with Fizz Bags

This Agreement will continue to apply until terminated by either you or Fizz Bag’s as set out below. If you want to terminate your legal agreement with Fizz Bags, you may do so by canceling your subscription for the Service.

You may cancel your subscription by sending a mail from your authorized email ID, but your account will be deactivated when your current subscription period ends.

Fizz Bags may at any time, terminate this Agreement with you and your access to the Site:

if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

if Fizz Bags in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

Modifications

Fizz Bags may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on http://thefizz.online/. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Fizz Bags under this Agreement, shall be governed by the laws of the State of Nevada without regard to its conflict or choice of laws provisions. Any dispute with Fizz Bags, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Nevada within the city limits of Las Vegas, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Fizz Bags may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Fizz Bags is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Fizz Bag’s, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement to the extent allowed by applicable law:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Fizz Bag’s does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Fizz Bags has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fizz Bag’s rights and that those rights or remedies will still be available to Fizz Bags.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Fizz Bags makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

Software available in connection with the Services (the “Software”) is further subject to United States of America export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

This Agreement represents the entire understanding and agreement between you and Fizz Bags regarding the subject matter of the same, and supersedes all other previous agreements.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAIN ABOVE.