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Website Terms of Use
Effective Date: 11/12/2018
Applicable To The Following Website:
www.ceriabrewing.com
A. ACCEPTANCE OF THE TERMS OF USE
1. These terms of use are entered into by and between you (or “your”, whether or not capitalized) and CERIA, Inc. (“CERIA,” “we,” “our” or “us”, whether or not capitalized). The following terms and conditions, together with any documents that they expressly incorporate by reference (all collectively, the “Terms of Use”), govern your access to and use of ceriabrewing.com (as well as any successor universal resource locators (“URLs”) and/or your specific CERIA account (if any), including any content, functionality and services offered) (all collectively our “Website”), whether as a guest or a registered user.
2. Please read these entire Terms of Use carefully before you start to use our Website. BY USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND ALL DOCUMENTS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OUR WEBSITE, AND YOU MUST NOT ACCESS OR USE OUR WEBSITE.
3. By using our Website, you represent and warrant that you are (A) at least 21 years of age; (B) intending to use our products in a location where the use of recreational cannabis is permitted; and (C) legally permitted to form a binding contract with CERIA. If you accept or agree to these Terms of Use on behalf of another individual, or a company or other legal entity, you also represent and warrant that you have the legal authority to do so and in such event, the uses of “you” or “your” in these Terms of Use will refer and apply to such third party. If you do not meet all of these requirements, you must not access or use our Website.
B. CHANGES TO OUR TERMS OF USE
1. We may revise and update these Terms of Use or any documents incorporated by reference from time to time in our sole discretion, and when we do so, we post the updated Terms of Use to our Website. All changes are effective immediately when we post them to our Website and will apply to all access to and use of our Website thereafter; if the revised Terms of Use or any documents incorporated by reference are not acceptable to you, your only recourse is to stop using our Website.
2. Your continued use of our Website following the posting of updated Terms of Use means that you accept and agree to all such changes. You are expected to check our Website and these Terms of Use periodically so you are aware of any changes, as they are binding on you.
C. TERMS OF USE
1. Accessing our Website and Account Security. We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.
2. Your Obligations.
(a) You are responsible for making all arrangements necessary for you to have access to our Website.
(b) You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.
(c) To access our Website or some of the resources our Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete. You agree that all information you provide to register with our Website or otherwise, including but not limited to through the use of any interactive features on our Website, is governed by our Privacy Policy here (as well as any successor URLs) and you consent to all lawful actions that we take with respect to your information, as long as such actions are consistent with our Privacy Policy.
(d) If you have specific login credentials, such as a user name, password or any other piece of information given as part of our security procedures (collectively “User ID”), your User ID must be treated as confidential, and you must not and will not disclose such information to any other person or entity. You agree to notify us immediately of any suspected or confirmed unauthorized access to or use of your User ID or any other breach of security that could affect us, our Website or our services to you. You also agree to ensure that you exit from any non-public CERIA account you have at the end of each session. You should use particular caution when accessing your non-public CERIA account from a public or shared computer so that others are not able to view or record your User ID, your other personal information, or information that we generate or display on our Website.
(e) We have the right, but we are not obligated, to disable any User ID or other identifier, whether chosen by you or provided to you by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
3. Intellectual Property Rights
(a) Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, unique color choices, images, video and audio, and the design, selection and arrangement thereof), are owned by CERIA, CERIA’s licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(b) These Terms of Use permit you to use our Website for the purposes specified on our Website only. You must not – and by using our Website, you agree not to – reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
(i) Your computer may temporarily store copies of such materials in random access memory (or RAM) incidental to your accessing and viewing those materials.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may print or download information provided on our Website for your personal or internal business purposes only, and not for further reproduction, publication or distribution to third parties that are not part of your internal business.
(iv) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use in accordance with our Terms of Use, provided you agree to be bound by any end-user license agreement for each such application.
(c) You must not – and by using our Website, you agree not to:
(i) modify any copyrighted materials from or on our Website;
(ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
(iii) delete or alter or obscure any copyright, trademark, service mark or other proprietary rights notices from copies of materials from our Website.
If you wish to make any use of material on our Website other than that set out in this section, please email your request to: hello@ceriabrewing.com.
(d) If you print, copy, modify, download or otherwise use or provide any other person or entity with your User ID or access to any non-public part of our Website in breach of our Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of all materials you have made. No right, title or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted to you are reserved by CERIA. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
4. Trademarks
CERIA’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of CERIA or CERIA’s affiliates or licensors. You must not – and by using our Website, you agree not to – use such marks without receiving prior written permission to you from CERIA. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
5. Prohibited Uses
(a) You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:
(i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the use of cannabis or export of data or software to and from the United States of America (the “USA”) or other countries) or would give rise to civil liability;
(ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(iii) to do anything that is fraudulent, false, misleading or deceptive, including but not limited to impersonating or attempting to impersonate CERIA, a CERIA officer, agent or employee, another user or any other person or entity (including, without limitation, by using email addresses, login credentials, or screen names associated with any of the foregoing);
(iv) to do anything that is defamatory, obscene, pornographic or vulgar;
(v) to share your User ID or make the functionality of any non-public portion of our Website available to multiple users through any means; or
(vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us in our reasonable business judgment, may harm CERIA or users of our Website or expose CERIA and/or our Website users to liability, violence or injury.
(b) Additionally, you agree not to:
(i) use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real-time activities through our Website;
(ii) use any robot, spider, crawler, data mining tool or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website or conducting spam activities such as gathering email addresses and personal information from others or sending any mass commercial emails;
(iii) use any manual process to monitor or copy any of the material on our Website or for any unauthorized purpose (including but not limited to reverse engineering, decompiling or disassembling any software, plug-ins or applications that might be a part of our Website) without prior written consent from CERIA to you;
(iv) use any device, software or routine that interferes with the proper working of our Website;
(v) introduce any viruses, trojan horses, worms, logic bombs or other type of software or similar material which is malicious or technologically harmful;
(vi) attempt to probe, scan or test the vulnerability of any CERIA system or network, or attempt to breach any security or authentication measures, or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website;
(vii) attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) otherwise attempt to interfere with the proper working of our Website.
6. Reliance on Information Posted
(a) Any information presented on or through our Website is made available to you solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed by you – directly or indirectly – of any information on our Website.
(b) Our Website may include content provided by third parties, including without limitation third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CERIA, are solely the opinions and the responsibility of the person or entity providing those materials. Any such other materials do not necessarily reflect the opinions of CERIA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Changes to our Website
We may update the content on our Website from time to time, but the content of our Website is not necessarily complete or up-to-date. Any of the material on our Website may be out-of-date at any given time, and we are under no obligation to update such material.
8. Information About You and Your Visits to our Website
All information that we collect on our Website is subject to our Privacy Policy at ceriabrewing.com (as well as any successor URLs). By using our Website, you consent to all actions taken by us with respect to your information, provided that our actions are in compliance with our Privacy Policy.
9. Social Media Features
(a) Our Website may provide certain social media features that enable you to:
(i) link from your own or certain third-party websites to certain content on our Website;
(ii) send emails or other communications with certain content, or links to certain content, on and/or from our Website; or
(iii) cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
(b) You may use the features described above solely with respect to the content they are displayed with. Subject to the foregoing, you must not – and by using our Website, you agree not to:
(i) establish a link from any website that is not owned by you;
(ii) cause our Website or portions of our Website to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
(iii) link to any part of our Website other than the CERIA homepage at www.ceriabrewing.com (as well as any successor URLs); or
(iv) otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.
(c) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(d) We may disable all or any social media features and any links at any time, with or without notice to you, in our sole discretion.
10. Links from our Website
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such other websites.
11. Geographic Restrictions
CERIA and our Website are based in the USA. We currently provide our Website for use only by persons who are located in the USA. We make no claims that our Website or any of its content is accessible or appropriate outside of the USA. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the USA, you do so on your own initiative and you are solely responsible for compliance with local laws.
12. Disclaimer of Warranties
(a) You understand that we cannot guarantee – and we do not guarantee or warrant – that files available for downloading from the internet or our Website will be free of all viruses or other destructive code, nor that our Website will be available on an uninterrupted, secure or error-free basis. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR COMPUTER PROGRAMS, YOUR DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.
(b) YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CERIA NOR ANY PERSON ASSOCIATED WITH CERIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CERIA NOR ANYONE ASSOCIATED WITH CERIA REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) CERIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
(a) IN NO EVENT WILL CERIA, CERIA’S AFFILIATES OR CERIA’S LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CERIA’S WEBSITE OR CERIA’S SERVICE, ANY WEBSITES LINKED TO CERIA’S WEBSITE, ANY CONTENT ON CERIA’S WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH CERIA’S WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify and hold harmless CERIA, CERIA’s affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, any use of our Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Website.
15. Governing Law, Jurisdiction and Dispute Resolution
(a) All matters relating to our Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
(b) Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also waive any rights to trial by jury.
(c) At CERIA’s sole discretion, CERIA may require you to submit any disputes arising from the use of our Website or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination to final and binding arbitration.
(d) If a dispute arises between you and us regarding the respective rights or obligations under these Terms of Use, the parties agree to first attempt to settle each such dispute by direct discussions. If such dispute cannot be settled by direct discussions, any unresolved dispute or breach will be resolved as provided above and by law. The prevailing or non-dismissing party in any dispute, litigation, or cause of action related to these Terms of Use will be entitled to reimbursement of all reasonable expenses, including without limitation court or arbitration or mediation costs and attorney fees incurred in good faith.
16. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver and Severability
(a) No waiver of by CERIA of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CERIA to assert a right or provision under these Terms of Use will not constitute a waiver by CERIA of such right or provision.
(b) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
18. Your Feedback, Comments and Suggestions for Improvements
(a) Our Website is operated by CERIA, Inc., and we can be reached at hello@ceriabrewing.com
(b) We welcome your feedback, comments, suggestions for improvements, and requests for technical support and other communications relating to our Website (all collectively, your “Feedback”). Please email your Feedback to us at: hello@ceriabrewing.com. With respect to your Feedback that we receive from you, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your Feedback that we receive from you for any purpose.
19. Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and CERIA with respect to our Website, and such documents supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.