Terms of Use
Updated 1 March, 2021
The terms “Bellemara Distillery,” “Company,” “we,” “us” and “our” refer to CW Brewing and Distilling LLC d/b/a Bellemara Distillery and its affiliates, if any. Use of www.bellemaradistillery.com and any other websites owned or operated by the Company that direct you to this document (individually and collectively referred to as the “Website”) are subject to the following terms and conditions (“Terms of Use”) that you affirmatively accept by using the Website. Please read these Terms of Use carefully and ensure that you understand them before you begin use. If you do not agree to the Terms of Use, you should not use the Website.
THESE TERMS EXEMPT THE COMPANY AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
THE COMPANY MAY UPDATE THESE TERMS OF USE AT ANY TIME, IN ITS SOLE DISCRETION. EACH TIME YOU USE THE WEBSITE, THESE TERMS, AS THEY THEN READ, WILL GOVERN YOUR USE. IN THE EVENT OF AN UPDATE, YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES, SIGNALS YOUR UNDERSTANDING OF, AND AGREEMENT TO, SUCH CHANGES.
Ability to Accept Terms of Use.
The Website is intended for use only by individuals who are at least 21 years old and by using the Website you represent that you are at least 21 years old. If you are consenting to these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms of Use on behalf of the entity.
Scope
These Terms of Use are intended to supplement and not to replace existing agreements between customers and the Company regarding products offered or purchased. They are also meant to be read in conjunction with the Company’s Privacy Policy located on the Website. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. Use of the Website is done at your discretion and at your own risk. The Company is not responsible for any harm that may result or arise out of use of the Website.
You represent that you are not located in a country and are not a citizen of a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Accuracy, Completeness and Timeliness of Information
Although the Company makes reasonable efforts to ensure that all information included on the Website is correct, accuracy cannot be guaranteed and the Company does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the Website. Information obtained via the Website should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.
Use of the Website
Materials on the Website or obtained through the Website may not be used as part of any service or product offerings to third parties. Improper use of information and improper use of any hardware or software with the intent to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Website in any way and the Company reserves the right, in its sole discretion, to terminate access to or use of the Website at any time without notice. Termination of access or use of the Website will not waive or affect any right or relief to which the Company may be entitled at law or in equity.
You may not provide false e-mail addresses, impersonate any person or entity, or otherwise provide misleading information in connection with use of the Website. All remarks, suggestions, ideas, graphics, or other information communicated to the Company through or in relation to the Website (other than personally identifiable information or trademarked or confidential information of the providing party) will forever be the property of the Company. The Company will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to the submitter or to any other person. The Company will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to the Company, you waive the right to make any claim against the Company relating to the submission.
The Company may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Website. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and you consent to this automatic update. If you fail to install any software updates or other required item, use of the Website may be compromised.
Links
The Website may contain links to other websites/applications that are provided only as a convenience and as an additional avenue of access to the information contained therein. The Company has not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications. The Company is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Website.
Intellectual Property
The content included on the Website, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of the Company, its affiliates, its licensors and/or its content providers and is protected by copyright, trademark, and other applicable laws. Nothing on the Website shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. The receipt of information and/or material included on the Website, is conditioned on your prohibition from modifying or deleting any copyright, trademark or other proprietary notice that appears on the information. Any other use of information and/or material contained on the Website, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, or software obtained from the Website, is expressly prohibited. The Company, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Website, including all associated intellectual property rights. The Company neither warrants nor represents that use of information and/or material from the Website will not infringe rights of third parties not affiliated with the Company. The Company reserves all rights not expressly granted in and to the Website.
The Company respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others. If you believe that the Website has infringed your intellectual property rights, please notify the Company and provide the following information:
• An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
• A detailed description of the material that you claim is infringing, so that the Company may locate it.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
• A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Please send the foregoing to the following address:
Bellemara Distillery
2 Clerico Lane, Building 5
Hillsborough, NJ 08844
Attn: Camden Winkelstein
info@bellemaradistillery.com
DISCLAIMERS
USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.
LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION.
THE COMPANY, ITS OWNERS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, PARENTS AND AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE CONTENT THEREIN, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE, UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, BODY INJURY, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER. IN NO EVENT WILL THE MEASURE OF DAMAGES INCLUDE, NOR WILL THE COMPANY PARTIES BE LIABLE FOR, ANY AMOUNTS FOR LOSS OF INCOME OR PROFIT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OF ANY PARTY, INCLUDING CLAIMS OR DAMAGES OF THIRD PARTIES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief or other equitable remedy.
Third Party Products
Any software, services, goods or other products or technology that are provided by a third party, or that are provided by the Company but are: (i) identified by the Company with a brand name or logo that is not a Company brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party. You may be required to accept the end user license and other terms of the third party providers as a condition to use of Third Party Products.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its managers, officers, members, employees, agents and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website or any products or services offered or accepted through the Website and any violation of these Terms of Use. If technical disruption of the Website or the systems supporting it occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with the Company in defense of such matter.
Jurisdiction
The Website is controlled by the Company from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of New Jersey govern these Terms of Use and use of the Website. If the Website is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Website.
Any controversy or claim arising out of or relating to these Terms of Use or use of the Website, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Middlesex County, New Jersey, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration.
Notwithstanding the foregoing, either party may seek injunctive relief from an appropriate state or federal court located in New Jersey prior to or during the arbitration, may file suit in a court of law to address intellectual property infringement claims and may bring individual actions in small claims court.
Entire Agreement
These Terms of Use along with the agreements referenced herein between users and the Company (which are incorporated hereunder by reference), constitute the entire agreement and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating thereto.
Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force. In the event any provision is found by an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.
No Assignment
You may not assign these Terms of Use or the rights and obligations hereunder without the express prior written consent of the Company, which may be withheld in the Company’s sole discretion. The Company may assign these Terms of Use and its rights and obligations hereunder without user consent.
How to Contact Us
Questions or comments about these Terms of Use or the Website may be directed to: info@bellemaradistillery.com.