JOHN FEARLESS
(CIATTI CRAFT BEVERAGES, LLC)
TERMS AND CONDITIONS OF USE

 

LAST UPDATED: SEPTEMBER 2016

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website (the “Site”) agree that access to and use of the Site are subject to the following terms and conditions (the “Terms”) and other applicable law. Use of this Site constitutes the user’s agreement to all such Terms. If you do not agree to the Terms, please do not use this Site.

This Site is intended for use by you only if you are at least 21 years of age (or of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site). If you do not fall within this category, you should leave the Site immediately.

PRIVACY AND COOKIES

Your use of this Site is also subject to the separate Privacy and Cookies Policy of Ciatti Craft Beverages, LLC, d/b/a John Fearless (“Ciatti Craft Beverages” or “John Fearless”). Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ciatti Craft Beverages is not responsible for third party access to your account that results from theft or misappropriation of your account. Ciatti Craft Beverages and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright ©2016 Ciatti Craft Beverages, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Ciatti Craft Beverages and protected by U.S. and international copyright laws. All software used on the Site is the property of Ciatti Craft Beverages or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Ciatti Craft Beverages, using any interactive services on the Site, or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Ciatti Craft Beverages is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Ciatti Craft Beverages (including, without limitation, “John Fearless” and “Ciatti Craft Beverages”) used in the site are trademarks or registered trademarks of Ciatti Craft Beverages. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Warranty Disclaimer

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIATTI CRAFT BEVERAGES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Ciatti Craft Beverages does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ciatti Craft Beverages does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

CIATTI CRAFT BEVERAGES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF CIATTI CRAFT BEVERAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event that a Ciatti Craft Beverages product is mistakenly listed at an incorrect price, Ciatti Craft Beverages reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ciatti Craft Beverages reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ciatti Craft Beverages shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ciatti Craft Beverages without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Changes to Terms

Ciatti Craft Beverages reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Ciatti Craft Beverages encourages you to periodically review the Terms to stay informed of our updates. We will note the effective date of the latest version at the beginning of each version of the Terms.

Notice

Ciatti Craft Beverages may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ciatti Craft Beverages.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ciatti Craft Beverages products) shall be in the state or federal courts located in Marin County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ciatti Craft Beverages products) must be commenced within one (1) year after the claim or cause of action arises. Ciatti Craft Beverages failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ciatti Craft Beverages may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ciatti Craft Beverages or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Ciatti Craft Beverages does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ciatti Craft Beverages is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. Ciatti Craft Beverages, however, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ciatti Craft Beverages in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ciatti Craft Beverages, its officers, managers, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

This Site may contain links to other websites operated by third parties. Ciatti Craft Beverages has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ciatti Craft Beverages. These linked sites are only for your convenience and therefore you access them at your own risk. Ciatti Craft Beverages is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ciatti Craft Beverages of the site or any association with its operators.

International Users

This Site, as well as the products and services provided by Ciatti Craft Beverages, are controlled, operated and administered by Ciatti Craft Beverages from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ciatti Craft Beverages content accessed through this Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.