PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your compliance with and acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions and our related privacy policy. If you do not agree with any part of the following terms and conditions or privacy policy, do not use this website. NO ENTRY TO THIS WEBSITE IS PERMITTED FOR UNDER-AGED INDIVIDUALS. TO USE THIS SITE, YOU MUST BE AT LEAST THE LEGAL DRINKING AGE IN THE LOCATION FROM WHICH YOU ARE ACCESSING THIS SITE.
Copyright © 2019, Copal Tree Distillery, Ltd.
ALL RIGHTS RESERVED
Copal Tree Distillery, Inc. ("CTD," "we," "us," or "our"), as well as other online channels and social media, including but not limited to Facebook, Instagram, Twitter and LinkedIn (collectively, the "Social Media", and together with the Website, the "Sites"). We ask that each of the users of our Sites (each a "user" and collectively "users," and when such user specifically refers to you then "you," "your," "yours" or "yourself") take the time to read these Terms & Conditions and the related Privacy Policy referred to herein (together these "T&C") carefully. These T&C form the contract covering your use of the Sites and apply to all users of the Sites.
By using this Website, you confirm that you are of legal drinking age in the jurisdiction from which you are accessing this site. You also confirm to us that you have read, understood, and agree to be bound by these T&C. If you do not agree to be bound by these T&C, then you are not authorized to use this Website and should stop using, browsing, or accessing this Website immediately. Furthermore, you are not authorized to use this Website if: (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us; or (b) you are a person barred from using this Website either: (i) under the laws of the state in which you reside or from which you are attempting to access this Website; or (ii) due to prior violations of these T&C. If you are not authorized to use this Website according to the foregoing, please do not attempt to use this Website and do not provide us with your name, contact details or any other information about yourself.
YOU AND CTD UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 9 PROVIDES THAT EACH SUCH PARTY AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&C SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.
These T&C may change from time to time and, if they do, the most current version of these T&C will always be available via the Website's home page and will be effective immediately upon posting. We indicate at the end of these T&C when they were last updated. Please ensure that you check these T&C regularly to view any changes which may have been made, because by using the Sites after these T&C have changed, you will be confirming that you have read, understood, and agree to be bound by, the then-current version of these T&C.
CTD owns all text, comments, concepts, intellectual property, code, icons, images, designs, sketches, tags, links, photographs, audio, video and other like content, as applicable, which appear on or are embedded in the Website (collectively, "Content") and all right, title and interest (including without limitation all copyright, trademark, patent, trade secret, moral rights, and other intellectual property rights) in the Content, are owned exclusively by us or our licensors, and you have no rights in or to this Website or Content other than as expressly set forth in these T&C. Portions of the content found on any of this Website may be owned by affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. All Content is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. CTD hereby authorizes you to copy, share, distribute, or republish materials published by CTD on this Website solely for non-commercial use in support of your interaction with the products and services of CTD and with attribution to CTD. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
No other use of the Content is authorized. Notwithstanding the foregoing, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose in any form, or by any means without our prior written consent or, where applicable, that of our licensors. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of CTD or any third party. You shall not harvest or otherwise collect any data, information or content from this Website, including by using manual or automated software, devices, or other processes to "crawl," "scrape" or "spider" any page of the Website to copy, obtain, propagate, distribute or misappropriate any content; and you shall not use this Website or any Content for any commercial purpose. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any of this Website and the materials contained on any of this Website may violate applicable copyright, trademark or other intellectual property laws or other laws. The links from this Website to any other websites are provided for your information and convenience only. CTD does not assume any responsibility or liability with respect to any website linked from this Website (or any website linking to this Website), including its content and operation. CTD does not review or monitor such links. A link from this Website to another website (or a link from another Website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. YOU MUST OBTAIN THE PRIOR WRITTEN PERMISSION OF CTD BEFORE YOU MAY LINK TO THIS WEBSITE. CTD WILL ONLY CONSIDER THE AUTHORIZATION OF LINKS TO THIS WEBSITE FROM A THIRD-PARTY SITE ON WHICH A SUBSTANTIAL MAJORITY OF ITS VISITORS AND USERS ARE AT LEAST OF LEGAL DRINKING AGE IN THE JURISDICTION FROM WHICH THEY ARE ACCESSING THIS WEBSITE.
Trademarks. "Copallirum" is a Trademark of Copal Tree Distillery, Ltd. All other Trademarks appearing on this Website are the property of the respective owners of such Trademarks. CTD is not affiliated with, or sponsored or endorsed by any third-party trademark owner whose Trademark appears on this Website and whose owner is not indicated to be CTD or an affiliated "CTD" entity. As used herein, the term "Trademarks" means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions.
CTD may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a Notice containing the following information:
CTD's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copal Tree Distillery, Ltd.
Copyright Agent
20 Trafalgar Square, Suite 210
Nashua, NH 03063
Email: info@copaltreedistillery.com
CTD views the protection of your privacy as an important responsibility. The terms regulating the handling of your personally identifiable information ("Personal Information") and other information which you submit to us through this Website is described in our Privacy Policy. By using this Website, you consent to the collection and use of your Personal Information by us as described in the Privacy Policy.
Pursuant to California Civil Code Section 1789.3, you are entitled to the following specific consumer rights notice:
"The name and address of the provider of the Website is: Copal Tree Distillery Ltd., 20 Trafalgar Square, Suite 210, Nashua, NH 03063. Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to info@copaltreedistillery.com."
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
YOU HEREBY AGREE TO RELEASE EACH OF CTD, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM CTD HAS LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE T&C, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "CTD PARTIES" AND EACH, A "CTD PARTY") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS, PENALTIES, FINES, LOSSES OR DAMAGES (COLLECTIVELY, "CLAIMS") ARISING OUT OF: (A) THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY; AND (B) ANY AND ALL CLAIMS WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH IDEA SUBMISSIONS, YOUR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF IDEA SUBMISSIONS, YOUR SUBMISSIONS OR OTHER CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE CTD GRANTEES HAVE THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUBLICENSE AND OTHERWISE TRANSFER, SUBCONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE CTD GRANTEES.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CTD PARTIES FROM AND AGAINST ANY CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES INCURRED IN RESPONDING TO SUCH CLAIMS, ASSERTED BY ANY PERSON OR THIRD PARTY, ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT AND/OR ANY BREACH BY YOU THEREOF; (B) ANY AND ALL OF YOUR SUBMISSIONS OR IDEA SUBMISSIONS, INCLUDING ANY CLAIMS BY ANY THIRD PARTY THAT SAID SUBMISSIONS BY YOU CONSTITUTE TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT; (C) YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION ANY DATA, CONTENT, OR WORK TRANSMITTED OR RECEIVED BY YOU IN CONNECTION THEREWITH; (D) ANY UNACCEPTABLE OR OBJECTIONABLE USE OF THE SITE, AS WE DETERMINE AT OUR SOLE DISCRETION; AND (E) ANY NEGLIGENT OR WILLFUL MISCONDUCT BY YOU.
THE SITE AND CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SITE INCLUDING WITHOUT LIMITATION SUBMISSIONS IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SUBMISSIONS AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR LINKS CONTAINED THEREIN. CTD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE WEBSITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. CTD NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH CTD. THE SITE INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND USE THE SITE IN THE UNITED STATES.
UNDER NO CIRCUMSTANCES SHALL THE CTD PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE OR THESE T&C. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE CUMULATIVE REMEDY FOR ANY CLAIMS OR DISPUTES RELATING TO THE CTD PARTIES OR THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
CTD makes no representation that images on this Website are accurate or available; images on this Website may not reflect CTD's actual products or services. In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the CTD Parties, we have no responsibility to honor inaccurately disclosed or described fees, rates, or other information. CTD shall not be liable for any delay or failure to communicate resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for site unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.
Any controversy or claim arising out of or relating to these T&C or a breach thereof, with the exception of any injunctive or equitable relief sought by us for any violation of these T&C, shall be submitted to binding arbitration in New York, New York in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions.
These T&C are made in, and shall be governed by, the laws of California, excluding its conflicts-of-law provisions. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these T&C shall be brought exclusively in the federal or state courts of New York, New York. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York, New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York, New York and to the venue of any such suit, action, or proceeding brought in any federal or state court in New York, New York. You agree to waive trial by jury in any action, proceeding or counterclaim brought by against CTD on any matter whatsoever arising out of, relating to, or in any way connected with these T&C.
NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&C SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST CTD, THE CTD PARTIES OR ANY OF THE OTHER CTD GRANTEES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SITE OR THESE T&C MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not resell, transfer, license, lease, or assign any or all of your rights, duties or obligations under these T&C and any attempted assignment or delegation will be void and of no force or effect whatsoever. These T&C may be assigned by CTD, in its sole discretion, to a third party, and such an assignment will inure to the benefit of its successors, assigns and/or licensees.
Unless otherwise indicated on this Website, these T&C and the Privacy Policy constitute the entire agreement between you and CTD regarding your use of this Website and supersede all prior agreements and arrangements between us in relation to your use of this Website. If any provision or part of these T&C is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these T&C will not be impaired and shall continue in full force and effect, and the application of such provision to other persons or circumstances will be interpreted so as to reasonably effect the intent of us and you. No failure or delay by CTD in exercising or enforcing any right, power or remedy which arises under these T&C shall operate as a waiver of that or any other right, power or remedy. No waiver by CTD shall be effective unless in writing and signed by an authorized representative of CTD.
Please direct any questions about the Website or these T&C to CTD at info@copaltreedistillery.com.
Last Updated: May 2019