TERMS AND CONDITIONS

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.sodasense.com website, including products Purchased from or through the website (the "Service") operated by CO2 Exchange LLC ("us", "we", or "our").

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION HEREIN THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICE.

Acceptance

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Accounts

When you create an account with us and become an Exchange Member, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

In the event no purchases have been made on your account within a 2 year period, we will inactivate your account and remove all sensitive data. A new account will need to be created to resume the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

CO2 Gas Exchange Process

Becoming an Exchange Member

Upon making your first purchase at Soda Sense, you become a Soda Sense Exchange Member, WELCOME! With this first order, you are automatically signed up as an Exchange Member and have an account so we can continue to make exchanges available to you. No membership or subscription fees are required.

Your “first-time” purchase options

There are three options to begin the exchange process. After your initial Purchase of any of the three options, you are a Soda Sense Exchange Member and you will continue to have exchanges of two (2) full 14.5oz, 60L CO2 canisters made available to you for $44.44 when requested.

1: The Prep Package - Two Spares & Exchange Box

This exchange entry is a one-time price of $59.99. It is designed to benefit those of you who have one canister on-hand with no spares. Two (2) full 14.5oz, 60L CO2 canisters are mailed to you in our exchange box. A prepaid USPS return label is included along with exchange instructions. When you have two (2) empty 14.5oz, 60L CO2 canisters, from Soda Sense or a manufacturer listed below, use the exchange box to mail them back at the membership rate of $44.44 for refill.

2: The Loner - One Spare & Exchange Box

This exchange entry is a one-time price of $37.99. It is designed to benefit those of you who already have two (2) 14.5oz, 60L CO2 canisters on-hand and need a backup for when you begin exchanging. One (1) full 14.5oz, 60L CO2 canister is mailed to you in our exchange box. A prepaid USPS return label is included along with exchange instructions. When you have two (2) empty 14.5oz, 60L CO2 canisters, from Soda Sense or a manufacturer listed below, use the exchange box to mail them back at the membership rate of $44.44 for refill.

3: The Member - Exchange Box

This exchange entry is a set price of $1.99. It is designed to benefit those of you who have two (2)  or more 14.5oz, 60L CO2 canisters on-hand eligible for refill. An unassembled version of our exchange box will be mailed to you along with a prepaid USPS label. Follow the included assembly instructions and place two (2) empty 14.5oz, 60L CO2 canisters, from Soda Sense or a manufacturer listed below, in the box for refill. Mail it back to us and we will refill both canisters at the membership rate of $44.44.

CAUTION and the Life ring

Each exchange box contains the correct regulatory shipment labels for 14.5oz, 60L CO2 canisters only. To avoid additional charges, do not mail back exchanges in any other box. To avoid purchasing an extra box, save each box to use for future exchanges. If you discard the box, we will send a new one at the flat rate of $1.99 to you to continue the exchange process.

Charging your “first-time” purchase or Life ring

Upon completing your first order or the Life ring, you thereby authorize us to charge your identified payment method the amount stated above for that option for canister(s) and/or exchange box and label.

Steps to follow to exchange empty canisters

Our exchange process requires you to send two (2) empty 14.5oz, 60L CO2 commercially available canisters from any manufacturer.

Each exchange must be sent to us via United States Postal Service (USPS) in our exchange box which holds exactly two (2) 14.5oz, 60L CO2 canisters. Save the exchange box, prepaid USPS label, and plastic canister caps sent with every order to use for future exchanges. Additional exchange-boxes or USPS labels can be provided at your cost if the exchange box is not saved (see option 4 above).

Before placing empty canisters in the exchange box, verify each of the two (2) 14.5oz, 60L CO2 canisters are empty by: (i) fully using them as prescribed by your soda machine manufacturer and then (ii) after removing the empty canister from your soda machine, depressing the center point with a spoon to allow any remaining CO2 to safely escape.  CAUTION: in doing step (ii), be in a large room or other open space and depress center point slightly to allow gas to escape slowly and safely and only do this for up to ten (10) seconds. If gas remains after ten (10) seconds, contact Soda Sense before trying to return the canister.

Seal each canister valve using the provided plastic cap. Next, place the provided USPS return label over the existing label on the exchange box. Seal the box with tape and place in any USPS mailbox, including your home mailbox.

NOTE: Exchanges that are sent to us with only one (1) canister may be subject to significant additional charges.

Charging you for exchanges

Once the box of exchange canisters is received and scanned into our system, you thereby authorize us to charge your on-file payment method the rate of $44.44 for your refill and exchange shipment of refilled CO2 canisters.

Shipping and Delivery

We process orders within 48 hours of receipt on business days. Once the order has processed and payment is charged, our goal is to ship your order within 48 hours. However, delays can happen from time to time so thank you in advance for your patience. If your order is ever more than a week after your credit card is charged, please contact us and we will straighten it out right away.

Returns and refunds policy

If you are not satisfied with your purchase, we're here to help.

Our products can be returned within 30 days of the original purchase of the product. A new product may be exchanged for another product or returned for a refund if conditions are met.

To be eligible for a return or refund, one of the following must be satisfied:

  1.     The product arrived damaged through no fault of you.

OR

  1.     When you used the product, a defect was discovered (and tell us about it).

OR

  1.     The product was purchased in the last 30 days, and the product is in its original packaging, and the product isn't used or damaged.

Products that do not meet these criteria will not be considered for return.

Please contact us before you send the product:

When instructed, send the product with its original packing to:

  •       3130 Market Street Green Bay, WI 54304

Shipping returns and refunds policy charges

Shipping charges incurred in connection with the return of a product are non-refundable.

You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Soda Sense, for Return 3, otherwise Soda Sense will cover the return costs.

Damaged items

If you received a damaged product, please notify us immediately for assistance.

Sale items

Unfortunately, sale items cannot be refunded. Only regular price items can be refunded.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a perpetual, non-revocable, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

CO2 Exchange LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of CO2 Exchange LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at [email protected].

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CO2 Exchange LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CO2 Exchange LLC.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CO2 Exchange LLC.

CO2 Exchange LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their web sites.

You acknowledge and agree that CO2 Exchange LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless CO2 Exchange LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, or d) any violation of the law.

Limitation Of Liability

IN NO EVENT SHALL CO2 EXCHANGE LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

CO2 EXCHANGE LLC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Dispute Resolution; Binding Arbitration; Limited Action

Any controversy or claim arising out of or relating to any websites, the Services, these Terms, any applicable additional Terms, and the Privacy Policy, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms, will be settled by binding arbitration in Green Bay, Wisconsin under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Notwithstanding this arbitration provision, CO2 Exchange LLC may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS RELATED TO ANY SITES, THESE TERMS, ANY ADDITIONAL TERMS OR THE PRIVACY POLICY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICATION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN EASTERN DISTRICT OF WISCONSIN, GREEN BAY DIVISION (FEDERAL) AND BROWN COUNTY CIRCUIT COURT, WISCONSIN (STATE) AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

Except if you are a resident of New Jersey, you and CO2 Exchange LLC also agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Law & misc.

These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service and incorporated terms, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us:

Last updated: November 22, 2019

 

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