This privacy notice discloses the privacy practices for www.ydrink.net and related websites. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We may from time to time decide to share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
To Fill orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Our Service Agreement
We are proud of and stand behind our services. We guarantee your satisfaction and will do everything to ensure you are satisfied with our services, we will issue a partial or full refund at our discretion if we are unable to accommodate your expectations.
The Terms and Conditions of Service
Before purchasing or subscribing to this product you agree to the following terms and conditions.
In consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, yDrink LLC. ("yDrink") and the individual purchaser or subscriber of this service ("Licensee") agrees as follows:
"Agreement" means these Standard Terms and Conditions and any additional terms specifically set out in writing in the document(s) (if any) to which these Standard Terms and Conditions are attached or in which they are incorporated by reference, and, if applicable, any additional terms specifically set out in writing in any Schedule attached hereto.
"Licensed Materials" means the newsletters, reports, databases, database subscriptions, professional journals or other information resources, and all hospitality industry data contained therein, provided to Licensee hereunder.
Grant of License. Subject to the terms and conditions of this Agreement, and except as may be expressly permitted elsewhere in this Agreement, yDrink hereby grants to Licensee a non-exclusive, non-transferable, indivisible, non-sublicensable license to use, copy, manipulate and extract data from the Licensed Materials for his own INTERNAL business purposes only.
Copies. Except as expressly permitted elsewhere in this Agreement, Licensee may make and maintain copies of any Licensed Materials for internal use only.
No Service Bureau Use. Licensee is prohibited from using the Licensed Materials in any way in connection with any service bureau or similar services. "Service bureau" means the processing of input data that is supplied by one or more third parties and the generation of output data (in the form of reports, charts, graphs or other pictorial representations, or the like) that is sold or licensed to any third parties.
No Distribution to Third Parties. Except as expressly permitted in this Agreement, Licensee is prohibited from distributing, republishing or otherwise making the Licensed Materials or any part thereof (including any excerpts of the data and any manipulations of the data) available in any form whatsoever to any third party, other than Licensee's accountants, attorneys, marketing professionals or other professional advisors who are bound by a duty of confidentiality not to disclose such information.
Security. Licensee shall use commercially reasonable efforts to protect against unauthorized access to the Licensed Materials.
Term. Licensee agrees to a term of subscription to yDrink's database products for a period of twelve months.
Reservation of Rights. Licensee has no rights in connection with the Licensed Materials other than those rights expressly enumerated herein. All rights to the Licensed Materials not expressly enumerated herein are reserved to yDrink.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Disclaimer of Warranties. THE LICENSED MATERIALS ARE PROVIDED TO THE LICENSEE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YDRINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, THE SERVICES PROVIDED OR THE RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, YDRINK DOES NOT WARRANT THAT THE LICENSED MATERIALS, THE SERVICES PROVIDED OR THE USE THEREOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. YDRINK MAKES NO IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
Disclaimers. YDRINK SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF YDRINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, YDRINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM RELATING IN ANY WAY TO ANY DECISION MADE OR ACTION TAKEN BY LICENSEE IN RELIANCE UPON THE LICENSED MATERIALS.
Limitation of Liability. YDRINK TOTAL LIABILITY TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, INFRINGEMENT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO ALL FEES PAID TO YDRINK BY THE LICENSEE DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH SUCH CAUSE OF ACTION FIRST AROSE.
Liquidated Damages. In the event of a violation of Section I Article 5 of these Standard Terms and Conditions, Licensee shall be required to pay yDrink an amount equal to the sum of:
The highest aggregate price that yDrink, in accordance with its then-current published prices, could have charged the unauthorized recipients for the Licensed Materials that are the subject of the violation
The full price of the lowest level of republishing rights that Licensee would have been required to purchase from yDrink in order to have the right to make the unauthorized distribution, regardless of whether Licensee has previously paid for any lower level of republishing rights.
Fifteen percent (15%) of the total of the previous two items. This provision shall survive indefinitely the expiration or termination of this Agreement for any reason.
Obligations on Termination. Within thirty (30) days of the termination or expiration of this Agreement for any reason, Licensee shall cease all use of the Licensed Materials and shall return or destroy, at yDrink's option, all copies of the Licensed Materials and all other information relating thereto in Licensee's possession or control as of the such date. This provision shall survive indefinitely the expiration or termination of this Agreement for any reason.
Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the substantive laws of the State of Texas, without regard to its or any other jurisdiction's laws governing conflicts of law. Any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction located in Galveston, Texas, and the parties expressly consent to personal jurisdiction thereof. The parties also expressly waive any objections to venue.
Independent Relationship. The relationship between the parties is that of an independent contractor. Nothing in this Agreement shall be deemed to create an employer/employee, principal/agent, partnership or joint venture relationship.
Notices. All notices required or permitted to be given hereunder shall be in writing and shall be deemed given
when delivered in person, at the time of such delivery;
when delivered by facsimile transmission or e-mail, at the time of transmission (provided, however, that notice delivered by facsimile transmission shall only be effective if such notice is also delivered by hand or deposited in the United States mail, postage prepaid, registered, certified or express mail or by courier service within two (2) business days after its delivery by facsimile transmission);
when delivered by a courier service or by express mail, at the time of receipt; or,
five (5) business days after being deposited in the United States mail, postage prepaid, registered or certified mail, addressed (in any such case) to the addresses listed on the first page of this Agreement or to such other address as either party may notify the other in writing.
Waiver. No waiver of any breach of this Agreement will be deemed to constitute a waiver of any subsequent breach of the same or any other provision.
Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters described herein, superseding in all respects any and all prior proposals, negotiations, understandings and other agreements, oral or written, between the parties.
Amendment. This Agreement may be amended only by the written agreement of both parties.
Recovery of Litigation Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Injunctive Relief. The parties agree that, in addition to any other rights or remedies which the other or yDrink may have, any party alleging breach or threatened breach of this Agreement will be entitled to such equitable and injunctive relief as may be available from any court of competent jurisdiction to restrain the other from breaching or threatening to breach any of the provisions of this Section, without posting bond or other surety.
Notice of Unauthorized Access. Licensee shall notify yDrink immediately upon Licensee's becoming aware of any facts indicating that a third party may have obtained or may be about to obtain unauthorized access to the Licensed Materials, and shall fully cooperate with yDrink in its efforts to mitigate the damages caused by any such breach or potential breach.
Conflicting Provisions. In the event that any provision of these Standard Terms and Conditions directly conflicts with any other provision of the Agreement, the conflicting terms of such other provision shall control.
In addition to any other rights or remedies that yDrink may have, in the event of any termination by yDrink on account of a breach by Licensee, yDrink may, without refund, immediately terminate and discontinue any right of Licensee to receive additional Licensed Materials from yDrink Group.
Our Confidentiality Agreement
WHEREAS, you (the "Disclosing Party") and yDrink LLC (the "Receiving Party") are pursuing discussions regarding a potential business relationship or transaction between the parties (the "Business Purpose"); and
WHEREAS, Disclosing Party and Receiving Party recognize that in the course of their discussions to further the Business Purpose, it may become necessary for Disclosing Party to disclose Confidential Information (as defined below) orally and/or in writing to Receiving Party. Both parties intend that any Confidential Information disclosed by Disclosing Party shall be used by Receiving Party only to further the Business Purpose. Further, both parties intend that any Confidential Information disclosed by Disclosing Party shall be protected from further disclosure by the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises, conditions, covenants and warranties herein contained, the parties agree as follows:
Confidential Information. For purposes of this Agreement, the term "Confidential Information" shall mean all information obtained by the Receiving Party from or disclosed by or on behalf of the Disclosing Party or any of its partners, shareholders, employees, officers, directors, contractors, consultants, advisors or affiliated entities, including any software, information, know-how, data, processes, techniques, trade secrets, or any information relating in any way to the Disclosing Party or any of its affiliated entities.
Applicability. This Agreement shall apply to all Confidential Information disclosed by or on behalf of Disclosing Party to Receiving Party.
Non-Disclosure Obligation. Receiving Party agrees:
to hold Disclosing Party's Confidential Information in strict confidence;
to exercise at least the same care in protecting Disclosing Party's Confidential Information from disclosure as Receiving Party uses with regard to its own confidential information (but in no event to exercise less than a reasonable degree of care);
not to disclose such Confidential Information to third parties; and
not to use any Confidential Information for any purpose except for the Business Purpose.
No Grant of Rights. Receiving Party recognizes and agrees that nothing contained in this Agreement will be construed as granting any rights to the Receiving Party, by license or otherwise, to use any of the Disclosing Party's Confidential Information except as specified in this Agreement. Receiving Party further recognizes that no agreement in furtherance of the Business Purpose shall exist unless and until a definitive agreement is executed by and between the parties hereto.
Equitable and Legal Relief. Each party acknowledges that all of the Disclosing Party's Confidential Information is owned solely by the Disclosing Party (and/or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the Disclosing Party shall have the right to obtain an immediate injunction without posting a bond from any court of competent jurisdiction enjoining breach of this Agreement and/or disclosure of the Confidential Information. Each party shall also have the right to pursue any other rights or remedies available at law or equity for such a breach. In the event any action shall be brought by either party hereto against the other on account of the breach of any provision, covenant or condition herein contained the prevailing party in said action shall be reimbursed by the other party for all reasonable costs and expenses incurred in connection with litigation, including reasonable attorneys' fees. The acts and omissions of the directors, officers, employees and advisors of the Receiving Party shall be attributed to the Receiving Party.
Termination. This Agreement shall remain in effect and shall not terminate except upon the written consent of both parties.
Severability. If any provision of this Agreement is declared to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
Governing Law. This Agreement shall be governed by the laws of the State of Texas applicable to agreements made and to be wholly performed therein, without reference to or application of principles of choice of law.
© 2020 yDrink LLC Legal